FY2026 Diversity Visa Lottery Applications Open Starting October 2

What is the Diversity Visa Lottery?
The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 55,000 diversity immigrant visas to be granted for fiscal year 2026 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.

When can I apply?
The U.S. Department of State will accept applications online for the FY2026 diversity lottery between 12 noon Eastern Daylight Time (EDT) (GMT-4) on Wednesday, October 2, 2024, and 12 noon Eastern Standard Time (EST) (GMT-5) on Wednesday, November 5, 2024. Applicants are encouraged to apply in the early part of the application period. 

Who is eligible?
In order to enter the diversity visa lottery, an individual must be a national of an eligible country and must meet minimum education/work requirements.

Nationality:
No visas may be awarded to foreign nationals of countries that have sent more than 50,000 immigrants to the U.S. over the period of the last five years. For the FY 2026 diversity lottery, nationals of the following countries are NOT eligible to apply: Bangladesh, Brazil, Canada, China (mainland and Hong Kong born), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam. Natives of Macau SAR and Taiwan are eligible. With the exception of Cuba becoming ineligible, there were no changes in eligibility this year.

Nationality is defined by the location of a person’s birth. However, if a foreign national is ineligible to apply based on their country of birth, there are two alternate ways to qualify. First, a foreign national whose spouse was born in a country whose natives are eligible to apply may apply provided the spouse is eligible. Second, a foreign national who was born in a country whose natives are ineligible to apply is eligible to apply if neither of his/her parents were born in or legally resided in that country at the time of the foreign national’s birth.

Education/Work:
In addition to meeting the nationality requirement, in order to enter the diversity lottery, a foreign national must have either a high school education or its equivalent, or at least two years of work experience within the past five years in an occupation requiring at least two years training or experience to perform.

How do I Apply?
Diversity lottery submissions are only accepted electronically. The electronic applications are submitted via the U.S. Department of State’s Diversity Visa Lottery website.

Applicants may only submit ONE lottery entry; individuals who attempt to submit more than one application will be disqualified from participating in the lottery.

A diversity application must be accompanied by digital photographs of the applicant, the applicant’s spouse (if applicable), and the applicant’s dependent children (if applicable) taken in accordance with specific requirements set forth in detail on the U.S. Department of State’s website.

Note: each spouse may submit his/her own application if he/she otherwise qualifies. In completing the electronic entry form, the following data will be required: full name, date of birth, gender, city of birth, country of birth, country of eligibility for the program, photograph(s), mailing address, current country of residence, phone number (optional), email address, educational level, marital status, number of children, and information about spouse and children.

There is no cost to submit an online entry form.  The U.S. Department of State strongly urges applicants to apply early as heavy demand in the last week of the registration period could result in website delays.  They will not accept late entries or paper entries.

How does the Selection Process Work?
Winners of the lottery will be selected in a random computerized process. After entering the lottery, it is critical to safeguard the confirmation page as it contains information that is needed to check the status of the application. Applicants can check the status of their application using their confirmation number through the Entry Status Check section of the E-DV website. Lottery winners will not receive correspondence in the mail to confirm the selection of their application; the status of the application can only be checked through the E-DV website.

Selection in the lottery does not automatically confer lawful permanent resident status. In order to become a permanent resident of the U.S., a selected lottery winner’s (and their dependents) application(s) for permanent residence must be filed and approved by September 30, 2026. The permanent residence application may be filed either via adjustment of status (if the foreign national is in the U.S. in a valid nonimmigrant status) or via consular processing.

Finally, please note that more lottery “winners” are selected than there are immigrant visas available because some winners will not be eligible to become U.S. permanent residents of the U.S. Accordingly, some individuals who are selected to apply for diversity visas may ultimately be unable to become U.S. permanent residents if the available diversity immigrant visas are assigned prior to their permanent residence application being adjudicated.

Where Can I Get More Information?
Instructions regarding how to apply for the 2026 Diversity Visa Lottery may be obtained from the U.S. Department of State’s PDF instructions and U.S. Department of State’s website.

For more information or specific legal advice, please contact your designated Gibney representative or email info@gibney.com.

Qatar Becomes the First Gulf State to Join the Visa Waiver Program

The U.S. Department of Homeland Security (DHS) has designated Qatar for inclusion in the Visa Waiver Program (VWP).  Qatar will be the first Gulf State to join the VWP program which allows for streamlined travel and entry to the United States. Eligible Qatari nationals who have an electronically readable passport (e-Passport) and who have obtained pre-authorization for travel through the Electronic Screening System for Travel Authorization (ESTA) system will be eligible to enter the U.S. for business or tourism without a visa for a period of up to 90 days. ESTA authorizations are generally valid for two years.

Starting no later than December 1, 2024, the ESTA online application and mobile app will be updated to accept applications from citizens and nationals of Qatar. Travelers with valid B-1/B-2 visas may continue to use their visa for travel to the U.S. and B-1/B-2 visas will remain an option for Qatari citizens.

Qatar joins a list of 41 countries designated for participation in the VWP.  It will be the third country added during the tenure of the current Secretary of Homeland Security, Alejandro N. Mayorkas, including Croatia in 2021 and Israel in 2023.

For additional information concerning travel under the VWP, please contact your designated Gibney representative or email info@gibney.com.

 

USCIS to Extend Green Card Validity for Renewal Applications to 36 Months

Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who submit Form I-90, the Application to Replace a Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expired or soon-to-expire Green Card are eligible for this extension. Previously, receipt notices for Form I-90 provided only a 24-month extension of Green Card validity.

As of September 10th, USCIS has started issuing updated receipt notices for individuals with pending Form I-90 applications which reflect a 36-month extension from the expiration date of the current Green Card. These receipt notices can be used along with an expired Green Card to confirm continued status and employment authorization. This change aims to assist applicants experiencing longer processing times by providing proof of lawful permanent resident status while awaiting a renewed Green Card.

If an applicant’s Form I-90 is still pending and both their Green Card and extension notice have expired, they may request evidence of their lawful permanent resident status in the form of an Alien Documentation, Identification, and Telecommunications (ADIT) stamp from USCIS for international travel and employment authorization purposes.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

 

October 2024 Visa Bulletin Released

The Department of State released the October 2024 Visa Bulletin and USCIS will accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart for the beginning of this fiscal year. Most categories will advance modestly or hold steady, with the exception of EB-3 China noting further retrogression, as detailed below:

  • EB-1 China Dates for Filing will hold steady at January 1, 2023.
  • EB-1 India Dates for Filing will advance by two months to April 15, 2022.
  • EB-2 Dates for Filing for all countries aside from India and China will advance by approximately four months to August 1, 2023. EB-2 India will advance by almost six months to January 1, 2013 and China will advance by four months to October 1, 2020.
  • EB-3 Professional/Skilled Worker Dates for Filing for all countries aside from India and China will advance by one month to March 1, 2023. India will advance by more than seven months to June 8, 2013. China will retrogress by about eight months to November 15, 2020, which is unusual for the start of the fiscal year given the reallocation of immigrant visa numbers.
  • EB-5 Unreserved Dates for Filing will hold steady at April 1, 2022 for India and will retrogress by three months to October 1, 2016 for China.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES for filing 

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
  • EB-1 China will maintain a filing cutoff date of January 1, 2023.
  • EB-1 India will advance slightly with a Dates for Filing cutoff of April 15, 2022.

 EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by four months to August 1, 2023.
  • China: Dates for Filing will advance by four months to October 1, 2020.
  • India: Dates for Filing will advance by approximately six months to January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by one month to March 1, 2023.
  • China: Dates for Filing will retrogress to November 15, 2020.
  • India: Dates for Filing will advance to June 8, 2013.

Other Workers

  • Modest advancement for all countries:
    • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will advance by four months to May 22, 2021.
    • Philippines will advance by one year to May 22, 2021.
    • China and India will advance by seven months to January 1, 2018 and June 8, 2013, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will retrogress by three months to October 1, 2016. All other countries will remain current.
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

The October Visa Bulletin marks the start of a new fiscal year with green card allocation resetting for fiscal year 2025, which commences October 1, 2024 and ends on September 30, 2025. While USCIS is honoring the Dates for Filing chart for October, it is important to note that these applications cannot be approved until a visa number becomes available pursuant to the Final Action Dates chart.

As fluctuations in applicant filings and visa usage across all employment-based categories continues, this may result in USCIS honoring the more modest Final Action Dates chart in the upcoming months. With continued increased demand across all eligible employment-based categories and extensive processing delays associated with the PERM process, Employers may wish to consider commencing the green card process earlier for foreign national employees. Employers are also advised to submit Adjustment of Status applications for eligible applicants in October as it is uncertain how long the Dates for Filing chart may honored this fiscal year.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Gibney Celebrates Constitution Day and Citizenship Day

At Gibney, we understand that navigating the U.S. immigration system is a crucial step in a person’s professional and personal journey. As we approach Constitution Day and Citizenship Day, we reflect on the values of opportunity and inclusion that drive this nation.

Constitution Day observed annually on September 17, commemorates the signing of the U.S. Constitution in 1787. For immigration professionals, this day serves as a reminder of the foundational legal principles that underpin U.S. governance and immigration policies. The Constitution’s emphasis on equal protection and due process influences the legal landscape of employment-based immigration, ensuring that businesses uphold fair practices when hiring and sponsoring foreign workers.

Citizenship Day, also observed on September 17, celebrates the naturalization process and the rights and responsibilities bestowed through the acquisition of U.S. citizenship. For immigration practitioners, this day is an opportunity to reflect on the vital role of naturalized citizens in the national landscape, workforce and broader economy. Naturalized individuals contribute significantly to various sectors, bringing diverse skills and perspectives that drive innovation and growth.

At Gibney, our team is dedicated to helping individuals and businesses achieve their immigration and global mobility goals efficiently and effectively. This includes ensuring proper documentation, adherence to labor laws, and understanding the nuances of visa categories and work authorization. Whether it is seeking visas for international talent or exploring pathways to permanent residency, we provide tailored solutions to meet your specific needs.

Join us in celebrating Constitution Day and Citizenship Day as these observances reinforce the importance of diligent immigration compliance and respect for the diverse contributions of all foreign nationals.

EB-1 Immigrant Visa Category Unavailable After Reaching Annual Limit for FY 2024

The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2024. However, USCIS will continue to accept EB-1 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1 category may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.

As reported in the DOS Liaison Committee’s September Visa Bulletin Briefing, DOS warned that due to high demand for visa numbers in the employment-based categories, it might be necessary “to immediately make [a] preference category ‘unavailable,’ and no further requests for numbers would be honored.” Based on this warning, it is possible that other employment-based categories may also become unavailable in the near future. The Department of State anticipates that Final Action dates will advance at the start of the new fiscal year on October 1, 2024 but date movements will depend on immigrant visa demand.

WHAT SHOULD EMPLOYERS AND FOREIGN NATIONALS EXPECT?  

Employers are advised to continue submitting eligible Adjustment of Status filings in September. However, if the underlying category is unavailable, the application will not be decided on until a visa number becomes available. Foreign nationals are also advised to attend any scheduled Adjustment of Status interviews though the interview may ultimately be rescheduled and cannot result in an approval until visa numbers are available.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

 

USCIS Updates Guidance for International Student Visa Classifications

USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions. The new USCIS policies address when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields. The update also provides guidance on online study, school transfers, the grace period, and study abroad.

Background

F-1 and M-1 are two of the primary visa categories used by foreign students to attend academic programs in the U.S.  Following a period of full-time study, new grads are eligible to apply for one year of work authorization, known as Optional Practical Training (OPT), to gain practical work experience in their area of study.  (OPT is also available pre-degree completion in certain circumstances.)  Students who have earned a degree in a designated STEM field are eligible to apply for a 24-month extension of post-completion OPT, to work for a total of 36 months.

Key Takeaways

  • Online study: Students may count one class, three credits (or the equivalent) per semester toward a full course of study for online/distance learning.
  • Transfers: Students may transfer between Student and Exchange Visitor Program (SEVP)-certified schools at the same academic level or move between educational levels. Transfers are also permitted during the 60-day grace period following an authorized period of post-completion of OPT.  Previously transferring students were required to be pursuing a full course of study or be engaged in post-completion optional practical training (OPT) until the transfer release date.
  • Grace Period: During the 60-day grace period, in addition to transferring schools as noted above, students may change their education level or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
  • OPT Eligibility: Students are eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
  • STEM OPT: Technical corrections to the STEM OPT guidance and clarifies the time periods during which students may apply for STEM OPT.
  • Study Abroad: Students enrolled in an ICE SEVP-certified school during a study abroad program may remain active in SEVIS if the program lasts less than 5 months. For study abroad programs that are over 5 months, a new Form I-20 is required.
  • Extensions: The guidance also corrects the period during which students may apply for extensions

What this Means for Employers

The new guidance is effective immediately and will apply to any requests or applications that are pending or filed on or after the publication date.  It also supersedes any prior guidance related to the areas that it covers. The changes and clarifications are promising. USCIS has modernized its approach to online courses, a growing area for U.S. colleges and universities.  The new guidance also makes it easier for students to remain in valid status during transfers and other changes to their academic programs. Finally, the guidance clearly establishes eligibility and protocols for OPT and STEM OPT.

Also Good to Know…

International students are on the rise! Over 1 million students from more than 210 places of origin studied at U.S. academic institutions during the 2022/2023 school year, contributing approximately $40 billion to the U.S. economy. This was a substantial increase in student enrollment from the prior years.  A majority of international students are pursuing degrees in STEM fields, with Computer Science and Business Administration as the most popular majors.  In 2023, over 160,000 students participated OPT, a 37% increase from the previous year.  (See https://www.boundless.com/research/international-students-studying-in-the-united-states-trends-and-impacts/ for more statistics.)

For more information, please contact your designated Gibney attorney or email info@gibney.com.

September 2024 Visa Bulletin Released

The Department of State released the September  2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will remain unchanged under Final Action Dates for September with further retrogression observed for EB-3 Professional, Skilled Worker and Other Workers for most countries, as detailed below.

Employment-Based (EB) Priority Date Summary for Final Action Dates

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates  are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
  • EB-1 China and India will hold steady with a Final Action Date cutoff of November 1, 2022 and February 1, 2022, respectively.   

EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain at March 15, 2023.
  • China: Final Action Date will maintain a cutoff date of March 1, 2020.
  • India:  Final Action will hold steady at July 15, 2012.

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will retrogress by approximately one year to December 1, 2020.
  • China: Final Action Date will remain at September 1, 2020.
  • India: Final Action Date will hold steady at October 22, 2012.

Other Workers

  • Other Workers will retrogress by one month to December 1, 2020, for all countries except China, India and Philippines which will hold steady from last month:
    • India will remain at October 22, 2012.
    • Philippines will hold steady at May 1, 2020.
    • China will hold steady at January 1, 2017.

EB-5, Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China maintain a cut-off date of December 1, 2020 and December 15, 2015, respectively. All other countries will remain current.
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

What Should Employers Expect?

As predicted in the July Visa Bulletin, further retrogression in the EB-3 Worldwide category was implemented in the September Visa Bulletin. However, the Dept. of State anticipates that the Final Action Dates for EB-3 Professional, Skilled Worker and Other Workers will advance in October 2024 with date movement dependent on worldwide demand and the estimated FY 2025 category limit. Due to a steady increase for employment-based visas during the fiscal year, the Dept. of State notes that numerical limits to most employment-based preference categories for FY 2024 are expected to be reached during September, if not sooner. Accordingly, Employers should file Adjustment of Status applications for eligible applicants as soon as possible as most employment-based categories are expected to reach their numerical limits in the near future.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives  

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B alternatives such as O-1A and EB-2 NIW cases.

USCIS reported that the total number of unique H-1B beneficiaries this year for fiscal year (FY) 2025 was approximately 442,000. USCIS selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection, and an additional 13,607 beneficiaries in the second lottery, resulting in 14,534 selected registrations, for an overall total of 135,137 (about 30%) selected registrations for FY 2025. Trends on H-1B alternatives show an upward trend in filings and favorable approval rates, particularly for jobs in STEM fields.

Background

The H-1B program allows U.S. employers to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.  Currently there is an annual numerical limit of 65,000 visas each fiscal year (known as the “Regular cap”). There are an additional 20,000 H-1B visas available for beneficiaries with a master’s degree or higher from a U.S. institution of higher education (known as the “Master’s cap”). The Regular cap is further reduced by carve-outs for the H-1B1 visa for nationals of Chile and Singapore under the provisions of free trade agreements between the U.S. and each country, leaving the actual number of Regular cap H-1B visas that are available at 58,200.

Each year, USCIS selects more registrations than there are visa numbers available based on its projections of how many selected employers will file petitions and receive USCIS approval.

The current limit on H-1B visas was set in 1990 when the H-1B category was created by Congress. The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) and the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) made significant changes to policy and procedures for the H-1B classification, including providing temporary increases to the numerical limits. Under ACWIA, the number of available H-1B visas increased to 115,000 in FY 1999 and 2000. AC21 further increased the number of available visas to 195,000 for FY 2001, FY 2002, and FY 2003. In FY 2004, the H-1B cap reverted to 65,000 visas per fiscal year and remains at that level. Except for the special allocation of visas for the Master’s cap, established in 2006, there have been no increases to the number of H-1B visas that are available each year since the sunset of the ACWIA and AC21 provisions.

Key Takeaways from this H-1B Cap Season

The number of eligible registrations dropped by a noteworthy 38.6%, a welcome correction under the new beneficiary-centric selection process. Under the new procedures implemented by the Improving the H-1B Registration Selection Process and Program Integrity rule, now each unique beneficiary is entered into the selection process once, regardless of how many registrations have been submitted on their behalf. This measure was enacted as an attempt to combat fraud in the process that was seen in prior years when multiple employers would jointly file registrations for the same beneficiary to gain an unfair advantage in selection rates. Overall, there was an average of 1.06 registrations per beneficiary in FY 2025 as compared to 1.70 for FY 2024.

The number of unique employers submitting registrations in FY 2025 (approximately 52,700) was comparable to the number in FY 2024 (approximately 52,000). The number of unique beneficiaries in FY 2025 (approximately 442,000) was slightly lower than the number in FY 2024 (approximately 446,000).

Good News on H-1B Visa Alternatives

Due to the limited numbers of H-1B visas available, U.S. employers are driven to leverage alternatives to the H-1B classification in order to retain talent in their workforce.

USCIS has also released statistics on some of the widely-used alternatives to the H-1B visa category, including the O-1A visa for individuals with extraordinary ability and the National Interest Waiver (NIW) immigrant visa petition, which provides a fast track to U.S. permanent residence by bypassing the PERM labor certification process. Generally, the results are positive:

  • O-1A filings have doubled since 2018, with an overall approval rate at 92% for FY 2023.
  • National Interest Waiver (NIW) immigrant visa petition filings have quadrupled since 2018, and represented 43% of all I-140 EB-2 filings in FY 2023. The approval rate for NIW cases was at 79% in FY 2023.

The USCIS release further analyzes statistics for these petition types filed on behalf of individuals working in science, technology, engineering, or math (STEM) fields. Following on policy guidance issued by USCIS in January 2022 that set forth standards for O-1 and NIW adjudications for STEM workers and emphasized the prioritization of STEM NIW beneficiaries, or O-1, NIW there has been a general improvement in approval rates across both categories.

  • STEM O-1A approvals have doubled since 2018. The approval rate has increased by approximately 78% since FY 2021, although there was a slight decrease in the number of approvals from FY 2022 to FY 2023.
  • STEM NIW filings have tripled since 2018 and there was a marked increase from 13,550 cases receipted in FY 2022 to 20,950 cases receipted in FY 2023. The USCIS data shows that the vast majority of these cases filed in FY 2022 and FY 2023 were approved.

What Employers Need to Know

The H-1B program, which is based on numerical limits set over 30 years ago, still remains terribly short of meeting the needs of the U.S. economy in the global competition for talent, particularly in STEM fields. While it is welcoming to see positive trends in O-1A extraordinary ability petitions and NIW immigrant visa petitions, these classifications are only available to select foreign nationals who have achieved a high level of acclaim in their field of endeavor or are working in a limited number of industries.

For more information, please contact your designated Gibney representative or email info@gibney.com.

USCIS Makes Updates to Guidance and Increases Investment and Revenue Thresholds for the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) provided updated guidance on the eligibility requirements for the International Entrepreneur Rule (IER). Starting on October 1, 2024. USCIS will increase investment and revenue thresholds for inflation, as permitted by existing regulations which allow for increases every three (3) years.

Background

The Obama/Biden Administration introduced the International Entrepreneur Rule in 2017 for high-potential startups. The rule allows the Department of Homeland Security (DHS) to grant a period of authorized stay (parole) to noncitizen entrepreneurs on a case-by-case basis.

Key Elements of the Entrepreneur Rule:

  • Entrepreneurs may be either living abroad or already in the US, and must own at least 10% of the US startup business
  • Start-up entities must have been formed in the US within the past five years
  • Spouses may apply for employment authorization after being paroled into the US (children are not eligible for employment authorization)
  • Entrepreneurs may be granted an initial parole period of up to 2½ years
  • Parole may be renewed for an additional 2½ years, for a maximum of 5 years
  • Up to three entrepreneurs are eligible per startup

Increase to Investment/Revenue Thresholds

Starting on October 1, 2024. USCIS will increase investment and revenue thresholds for inflation.

For new applications, entrepreneurs must show at least $311,071 (up from $264,147) in investment from qualified US investors or at least $124,429 (up from $105,659) in qualified government awards or grants. If the startup only partially meets this criteria, alternate evidence of potential for rapid growth and job creation may be presented.

For a second period of authorized stay, entrepreneurs must show that the startup has received at least $622,142 (up from $528,293) in qualified investments, government grants or awards, created at least five qualified jobs, or reached at least $622,142 (up from $528,293) with an average of at least 20% in annual revenue growth.

The application fee will not increase.

New Criteria for Qualified Investors

USCIS also updated the criteria for qualified investors, requiring investors to have a history of substantial investment in successful startups.

The individual/organization must have made investments in startup entities of at least $746,571 (up from $633,952) in total within the last five years. After such investment, at least two of the startup entities must have created at least five qualified jobs or generated at least $622,142 (up from $528,293) in revenue with annual revenue growth of at least 20%.

Backlog Resolution

USCIS has indicated that as of May 2024, all applications have either been approved, denied or issued an RFE, and there is no backlog.

For questions, please contact your Gibney representative or email info@gibney.com.