The department of Homeland Security publishes final International Entrepreneur Rule – Move To America
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The department of Homeland Security publishes final International Entrepreneur Rule

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On January 17, the department of Homeland Security has published the final rule that will improve the ability of many promising start up founders to start their companies in the United States. These companies will significantly improve the U.S economy and also, they will be able to create a large number of jobs.

Also, under this rule, the DHS may use its word authority to grant a period of allowed and authorized stay to all foreign entrepreneurs that have already proved their stay in the U.S can potentially provide a public benefit through the potential for rapid business growth and also, job creation. This rule is made effective since January 17, 2017, or, else said, 180 days after its publication in the Federal register.

According to the Department of Homeland Security, there are almost 3,000 entrepreneurs that will be eligible under this rule each year! All these eligible entrepreneurs will have the possibility to stay for up to 30 months with the possibility to extend their staying period by up to 30 additional months. This will be possible only if they are able to meet certain criteria in the DHS discretion.

Every applicant must meet the following criteria in order to demonstrate that he should be considered under this rule:

  1. The applicant possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  2. Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation
  3. The applicant has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business.
  4. Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
  5. The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by:
  • Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
  • Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or
  • Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation

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