U.S. Immigration Solutions for Entrepreneurs and Startups

Even though the United States does not have a designated visa for startups, founders and startup owners have many options to live, work, and bring their employees to the United States. 

 

When looking for the right immigration solution for your startup, you should consider these top options:

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Non-Immigrant Visas

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B-1 Visa

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Before moving to the U.S., you would most likely want to visit and create the foundation for your startup. The B-1 visa is ideal for entrepreneurs who wish to come to the U.S. for short business trips to build their startups.

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This visa does not permit actual work. Entrepreneurs visiting with this visa can participate in business activities such as meeting with investors, consulting with business associates, negotiating contracts,  traveling to business conventions, and participating in short-term training. It works just as well for those planning to join an incubator, accelerator, or attend a relevant conference.

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L-1A Visa

 

The L-1A is a non-immigrant visa for intracompany transferees who work in managerial or executive positions in a company located outside the United States. It allows U.S. companies to obtain authorization for qualified employees from their foreign branches to come and work in the United States.

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The L-1A visa is also suitable for foreign startup owners seeking to expand their business to the U.S. The L-1A visa allows the company to set up its U.S. operations with a specific plan and even bring high-level managers from other countries. To use this visa to open a U.S. operation, you will need to show a viable business and that it will be able to support the applicant within one year. 

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The main benefit of this visa is that it is available year-round and has no minimum education requirement. The spouse of the visa applicants can also accompany them and work in the U.S. It has a maximum of 7 years but opens a path to a permanent residency (green card). 

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The main limit of the L-1 is that it allows the visa holder to work only for the specific L company. No other endeavors are permitted. 

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H-1B Visa

 

Probably the most famous nonimmigrant visa, the H-1B nonimmigrant classification allows U.S. employers to hire foreign workers for specialty jobs that require a bachelor’s degree or equivalent. These occupations include engineering, finance, business management, and many others. The authorized stay for the H-1B visa is three years, extendable to six years, after which the visa holder may need to reapply.

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The main issue with this visa is that a startup without funding and under the founder's control would face challenges meeting the visa requirements. However, with the proper incorporation strategy, he may be eligible to apply for the H-1B. 

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Another hurdle is the lottery. A founder with a bachelor’s degree will compete with others for a limited number of spots. The application opens every April, and if approved, the applicant can begin working in October of that year. 

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E-2 Visa

 

The E-2 nonimmigrant classification allows a national of a treaty country (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. 

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This investment typically ranges between $100,000 and $1 million. However, a lower investment might satisfy the requirement. The money must be invested in the endeavor; it can not just be deposited in a bank account. 

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Under the E-2 visa, the investor must hold managerial-level or higher positions in the company. Certain employees of such a person or a qualifying organization may also be eligible for this classification. Thus, the founder can bring co-workers from his original country to work as E-2 employees for his E company. 

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Another important consideration is that at least 50% of the ownership must be held by – nationals of the treaty country to qualify. If, later on, this ownership is diluted and goes below the required 50%, then the E-2 visa holder will no longer be eligible for it. 

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Although the E-2 visa is not considered a dual intent visa, obtaining a green card after obtaining an E-2 status is possible.​

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O-1A Visa

 

An O-1A visa is a good option for founders who have extraordinary abilities in the sciences, technology, arts, education, or business and have been recognized nationally or internationally for their achievements. 

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It is an option to consider if a startup owner happens to be extraordinary, which means that he has documented expertise and is among the top-tier specialists in his field. The candidate will need to meet three of eight criteria. Venture-backed founders usually meet high remuneration and critical employment criteria. Those who participate in selective accelerator programs may also meet the membership criteria in an organization that requires outstanding achievements. 

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This visa requires a petitioning employer. Thus, for the startup owner to qualify for it, a business must be created in the U.S. 

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One benefit of this visa is that processing times are not very long, and premium processing is available. It also allows the visa holder's spouse to live and work here. Although it is not categorized as a dual intent visa, it can lead to an EB-1A green card.  

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Immigrant Visas (Green Card)

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EB-1A Green Card

 

You may be eligible for an employment-based, first-preference immigrant visa (green card) if you are a noncitizen of extraordinary ability, an outstanding professor or researcher, or a multinational executive or manager. 

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This immigrant visa is similar to the O-1 nonimmigrant visa category, but there is higher scrutiny and additional requirements to qualify. The main benefit is that you can self-petition (no employer petitioner is required), and premium processing is still available. If you are considering this route, you can consult with our experienced EB-1 green card attorney to ensure your application is strong and meets all necessary criteria.​

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EB-2 with NIW Green Card

 

The EB-2 immigrant visa is the second green card category for those with a master's degree or substantial work experience in their field. 

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Those seeking the national interest waiver (NIW) request that the requirement for a job offer (and thus the labor certification), usually needed for the EB-2 green card category, be waived because it is in the interest of the United States. The NIW is based on promising future contributions to the U.S., which can be economic, scientific, related to public health, etc. 

 

The main benefit is that the startup owner can self-petition. The candidate must show the importance of their work and how their skills and knowledge will advance the startup plans in a way that others cannot

This Immigrant Visa is not ideal for those from China or India as the waiting times are very long. 

 

If you would like to learn more about this topic, please contact our office and consult our highly-skilled immigration lawyer for investors and entrepreneurs.

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If you are currently in the U.S. on a valid visa, you may be eligible for Adjustment of Status (AOS) to obtain a Green Card without leaving the country. Our expert immigration attorney will handle the process, ensuring compliance with USCIS requirements.

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• Eligibility assessment and application support

• ​Document preparation and interview guidance

•  Legal representation throughout the process
   

Get started today by filling out our contact form or calling (408) 758-2712 for expert assistance.