Updated requirements for work permits for key personnel at US startups.

On August 20, 2024, lawyer Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP announced significant updates to U.S. immigration law, allowing U.S. startups to hire foreign workers with work permits granted for humanitarian or public interest reasons.

This program is designed to fill a gap in the U.S. immigration system, which offers few or no viable options for talented entrepreneurs seeking opportunities to establish and grow new businesses in the United States. Under the regulations, U.S. startups must meet minimum investment and revenue requirements, and these standards are adjusted every three years based on the U.S. Consumer Price Index.

This rule also stipulates that entrepreneurs must play a central and active role in the startup's operations, and demonstrate that their educational background and experience will significantly contribute to the business's growth and success.

For entrepreneurs and key employees in U.S. startups, the "parole" provision in immigration law allows the U.S. Department of Homeland Security (DHS) to grant entry and work permits on a case-by-case basis for substantial humanitarian or public interest reasons.

This program provides an initial work permit for 30 months, which can be extended for another 30 months if it can be demonstrated that the entrepreneur's role will continue to provide significant public benefit to the United States.

These changes reflect the current administration's understanding of the crucial role that startups founded by foreign entrepreneurs have played and will continue to play in creating jobs and stimulating the U.S. economy.

Author: Andrew Greenfield, lawyer at Fragomen, Del Rey, Bernsen & Loewy LLP

Introducing KeyApply's US immigration services.

KeyApply provides comprehensive consulting and support services for U.S. immigration, helping clients understand and optimize processes related to visa applications, green cards, and other immigration programs. With a team of experienced professionals and in-depth knowledge of immigration law, KeyApply is committed to providing the most suitable solutions for each client, from startup entrepreneurs to families wishing to settle in the United States.

Our services include:

• Business and Investment Visa Consulting: Assisting entrepreneurs and investors in applying for E-2, EB-5, and other business visas.
• Work visa support: Assisting professionals, highly skilled workers, and employees of multinational companies in applying for work visas in the United States, such as H-1B and L-1 visas.
• Immigration and Green Card Consulting: Guidance and support throughout the green card application process through investment, marriage, family, or employment.

KeyApply prides itself on its dedication and professionalism in every service, ensuring clients receive the best advice and support to succeed in their immigration and settlement journey in the United States.

Contact us for detailed advice and start your journey today.

Book an appointment with an American lawyer here .