Effective Dates: 01/21/2025 - Present
Identification Number:
| EM-25012
|
Intended Audience: | All RCs/ARCs/ADs/FOs |
Originating Office: | ORDP OISP |
Title: | Enumeration: New Class of Admission – International Entrepreneur Rule |
Type: | EM - Emergency Messages |
Program: | Records Maintenance (Earnings & Enumeration) |
Link To Reference: | See Reference at the end of this EM. |
|
Retention Date: 7/21/2025
A. Purpose
This emergency message (EM) provides processing instructions for four new classes of admission– International Entrepreneur (IE), PE1 (entrepreneur), PE2 (spouse of an entrepreneur), and PE3 (child of an entrepreneur).
B. Background
DHS assigns the class of admission (COA): IE or PE1 to individuals granted a period of authorized stay under the International Entrepreneur Rule (IER). The principals are noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion. DHS grants the period of authorized stay under the parole process.
The IE COA includes the principal (entrepreneur) and may also be issued to the principal’s dependent spouse and child. However, only the principal is work authorized incident to their status.
Principals with an IE or PE1 COA are employment authorized incident to their parole and may present an I-94 as proof of work authorized lawful alien status. DHS does not require them to apply for Form I-766 for work authorization.
Dependent Spouses may be issued a COA of IE or PE2 (spouse of an entrepreneur). The spouse is not employment authorized incident to their parole and must obtain Form I-766 for work authorization or provided a valid non-work reason to be issued an SSN.
Dependent Children may be issued a COA of IE or PE3 (child of an entrepreneur) and are not employment authorized. They will need to provide a valid non-work reason to be issued an SSN.
Parolees may submit only one document to prove age, identity, and immigration status for an SSN card, per RM 10211.190.
C. Processing Instructions
SSNAP was updated to add the COAs of IE and PE1 to the “Admission Class or Status” dropdown on the Proof of Legal Alien Status screen.
If the applicant presents documentation with a COA of IE, technicians will need to determine if the applicant is the principal, spouse, or child by asking the following question:
· Are you the individual that started the business or are you the spouse or child?
If the applicants presents documentation with a COA of PE2 or PE3, technicians must select “Parolee” in the “Admission Class or Status” dropdown on the Proof of Legal Alien Status screen.
Follow normal business processes on applications for an original SSN when the parolee applicant with a COA of: IE, PE1, PE2, or PE3 submits two documents proving age, identity, and lawful alien status.
Applicants with a COA of: IE, PE1, PE2, or PE3 may only submit one document to prove age, identity, and immigration status, process the application by following normal business processes.
The initial verification (IV), additional verification (AV), and third level SAVE responses are as follows:
Principal
· IV Response – “Parolee”
· AV and Third Level Responses
1. “Parolee - Expires”
2. “Employment Authorized – Temp Emp Auth.”
Dependent Spouse
· IV Response – “Parolee”
· AV and Third Level Responses
1. “Parolee – Expires”
2. “Employment Authorized – Temp Emp Auth” (when an unexpired EAD is found)
3. “Not Employment Authorized” (when no EAD is found)
Dependent Child
· IV Response – “Parolee”
· AV and Third Level Responses
1. “Parolee – Expires”
2. “Not Employment Authorized”
Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contacts.
Reference:
RM 10210.020 Policy for Number of Documents Required for an SSN Card
RM 10211.195 Evidence of Parolee Status When an Alien Submits Form I-94 or Unexpired Foreign Passport
RM 10211.420 Employment Authorization for Non-immigrants
RM 10211.600 Requests for an SSN from an Noncitizen Without Work Authorization
RM 10210.170 Understanding the Social Security Number Application Process’s (SSNAP’s) One Time Special Processing (OTSP) Option
EM-25012 - Enumeration: New Class of Admission – International Entrepreneur Rule - 01/21/2025