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How can I file an I-941 international entrepreneur parole petition if I have a pending I-526?

My I-526 petition was received by USCIS in December of 2016 and currently I am on an F-1 STEM OPT EAD, which is going to expire in September 2018. Before coming to the States, I had experience in structuring and running a start-up business. Someone told me that the I-941 might be another option for me. If I proceed with the I-941 petition, will there be any conflicts with my pending I-526?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    DHS proposed to eliminate the international entrepreneur final rule in May 2018. IE parole petition is not a recommended option at this point.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The International Entrepreneurial Parole (IE) is phasing out. Per USCIS: "On May 25, 2018, DHS proposed to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs." Please contact immigration counsel to further discuss your options.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The international entrepreneur parole rule is not supported under the current administration. You would need to look into continuing your underlying F-1 status or other work options while waiting for the I-526 to be adjudicated.

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    Charles Foster

    Immigration Attorney
    Answered on

    You could file an international entrepreneur parole petition and still have a pending EB-5 regional center I-526 petition while you are on F-1 STEM OPT with an EAD. However, the international entrepreneur parole rule promulgated by the Obama administration has been effectively rescinded by the Trump administration, so as a practical matter that is not a viable option and, unfortunately, you will have to wait until your EB-5 petition is both approved and a visa number is available under the quota.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Generally a person can apply for more than one type of visa at the same time. I don't believe that USCIS has ever ruled on your exact question, but I would not think there is any problem to applying for both at the same time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS may not be supporting the entrepreneurial parole any longer. If it does stick around, and since it is not actually a status, it may be OK to have that going while you are waiting for the I-526.

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