U.S. Immigration Solutions for Entrepreneurs and Startups

Immigration Solutions for Entrepreneurs

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While the United States does not provide a specific visa for startups, founders and startup owners have multiple options for living, working, and bringing their employees to the country. Our law firm is here to help you navigate this process and find the best solution for your business. 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 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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Although this visa does not permit actual work, entrepreneurs visiting with it 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 also works well for those planning to join an incubator or 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 that 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. This visa category has a maximum of 7 years but opens a path to a permanent residency (green card). 

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The main limitation of the L-1 visa 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 occupations, such as engineering, finance, and business management, that require a bachelor's degree or equivalent. This visa allows for an initial stay of three years, which can be extended to six years. After that time, the visa holder may need to reapply.

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Startups without funding and under the founder's control may have difficulty meeting the requirements of this visa. However, entrepreneurs with the right incorporation strategy may be eligible to apply for the H-1B visa.

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Another challenge is the lottery system, which limits the number of visas available. Each year, the lottery opens in April. The applicant can start working in October of the same year if approved. A founder with a bachelor's degree will have to compete with other applicants for a limited number of spots.

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E-2 Visa

 

The E-2 Visa Application process allows a national of a treaty country ) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. To learn about eligible treaty countries, go to:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

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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 cannot 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 company.

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Another important consideration is that nationals of the treaty country must hold at least 50% of the ownership to qualify. If this ownership is diluted and falls below the required 50% later, 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 securing an E-2 status is possible.

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O-1 Visa Expert Services

 

Our O-1 Visa expert services help entrepreneurs and investors obtain the O-1A visa, a good option for founders with extraordinary abilities in the sciences, technology, arts, education, or business and who have been recognized nationally or internationally for their achievements.

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It is an option to consider if a startup owner is extraordinary, meaning they have documented expertise and are among the top-tier specialists in their 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, a startup must first be created in the U.S. for the startup owner to qualify for it.

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One benefit of this visa is its short processing times, with premium processing available. It also permits the visa holder's spouse to live and work in the U.S. Although not classified 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

 

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

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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 an EB-1A Green Card, we can ensure your strong application meets all necessary criteria. Consult with our experienced attorney today!

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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.

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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.

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

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If you are considering an EB-2 Green Card, we can ensure that your strong application meets all necessary criteria.. Consult with our experienced attorney today!

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How can we help you? 

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If you are a business owner or an entrepreneur and looking for a U.S. immigration solution, our expert immigration attorney will provide you with guidance and handle the process to ensure a successful application. We offer: 

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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 in immigration services for investors and entrepreneurs.