Startup Visa Program

United States · Temporary Residence

Staying in the US on Parole or E-2 Status

Temporary US status for founders runs on its own clock. Entrepreneur parole stops at five years, while E-2 status can be extended in two-year steps for as long as the business keeps qualifying, and family work rights differ between them.

OpenReviewed October 2026Stage 2 of 4
Startup route
International Entrepreneur Parole
Minimum capital
USD 311,071 from qualified investors or USD 124,429 grants
Permanent residence
No direct route; needs NIW, EB-1A, EB-5 or Gold Card
Citizenship
5 years as a permanent resident
OpenU.S. Citizenship and Immigration Services (USCIS)

Entrepreneur re-parole

Status: Benchmarks apply to applications filed on or after October 1, 2024

An entrepreneur paroled under the International Entrepreneur Rule receives an initial period of up to 2.5 years and may request one further period of up to 2.5 years, for a five-year maximum. Re-parole is not automatic. The founder must have kept at least 5% ownership in the startup, and the company must meet one growth benchmark: at least USD 622,142 in qualified investments or government grants, at least five qualified jobs, or at least USD 622,142 in revenue with average annualized growth of 20%. These benchmarks apply to applications filed on or after October 1, 2024.

Re-parole period
Up to 2.5 more years
Total limit
5 years
Ownership kept
At least 5%
Funding benchmark
USD 622,142 in investment or grants
Jobs benchmark
At least 5 qualified jobs
Revenue benchmark
USD 622,142 with 20% average annualized growth
Spouse
May apply for employment authorization

Requirements

  • Keep at least 5% ownership in the startup and a central, active role.
  • Meet one benchmark: qualified funding, five qualified jobs, or revenue with 20% average annualized growth.
  • Show the startup still operates lawfully in the United States.
  • Continue to merit a favorable exercise of discretion.

How to apply

  1. Track funding, hiring and revenue against the benchmarks during the first period.
  2. File Form I-941 for re-parole with updated evidence.
  3. Have family members request their own new parole periods.
  4. Plan an immigrant petition well before the five-year limit.
Limited intakeU.S. Citizenship and Immigration Services (USCIS)

E-2 status and extensions

Status: Treaty nationals only

Treaty investors admitted in E-2 status receive a maximum initial stay of two years. Extensions can be granted in increments of up to two years each, and the rules set no limit on how many a qualifying investor may receive, so the status can continue for as long as the enterprise keeps meeting the requirements. USCIS must approve any substantive change in the terms or conditions of E-2 status. Spouses in E-2 status are employment authorized incident to status, and since January 30, 2022 their arrival records have carried the E-2S code. Unmarried children under 21 can hold dependent status.

Initial stay
Up to 2 years
Extensions
Up to 2 years each; no limit on the number
Changes
Substantive changes need USCIS approval
Spouse work
Authorized incident to status (E-2S code)
Children
Unmarried and under 21
Leads to
No direct green card

Requirements

  • Keep the enterprise real, active and operating.
  • Continue to develop and direct the business.
  • Obtain USCIS approval before any substantive change in the terms or conditions of status.
  • Keep the treaty nationality and the ownership or control threshold.

How to apply

  1. Enter in E-2 status for an initial admission of up to two years.
  2. Request extensions from USCIS in increments of up to two years.
  3. Seek approval before restructuring that changes the terms of status.
  4. Check that the spouse's arrival record shows the E-2S code.

No US residence program short of a green card

The United States has no temporary residence program granted for a fixed investment. The E-2 comes closest, but only treaty nationals can use it and it confers a nonimmigrant status that depends on the enterprise at each extension. Entrepreneur parole is not a status at all, and parolees who lose eligibility or reach the five-year limit need another lawful basis to remain. Founders on either route who intend to stay permanently must qualify separately for an immigrant category such as the EB-2 National Interest Waiver, EB-1A or EB-5.

Founders in O-1A status follow a different rhythm. The initial period can be up to three years, and USCIS sets extensions in increments of up to one year according to the time needed to finish the event or activity. O-3 dependents can study full time or part time but cannot work. Because each status ties the founder to a specific enterprise, petitioner or activity, a change in business plans should be checked against the status rules before it takes effect.

Questions and answers

What happens when entrepreneur parole reaches five years?

Parole under the International Entrepreneur Rule cannot run beyond a combined five years: one initial period and one re-parole of up to 2.5 years each. A founder who wants to remain longer needs a separate immigration basis, most often a green card through an approved immigrant petition. USCIS can also terminate parole earlier if the conditions stop being met.

Can an E-2 investor keep extending status?

Yes, as long as the enterprise and the investor continue to qualify. Each extension can be for up to two years, and the rules do not cap the number of extensions. Every request is a fresh check that the business is real, operating, not marginal and still directed by the treaty investor.

Do family members of US founders get work rights?

E-2 spouses are employment authorized as part of their status, and their arrival records carry the E-2S code. Spouses of entrepreneur parolees may apply for employment authorization after parole, while the parolee's children cannot. Spouses and children of O-1A holders hold O-3 status, which permits study but not employment.

Official sources

Reviewed October 2026. Immigration rules change often. Confirm the current requirements with the official authority or a licensed adviser before applying.

Temporary residence in other Americas destinations