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Sophie Alcorn , lawyer , writer and founder ofAlcorn Immigration Lawin Silicon Valley , California , is an prize - winning Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about go past borders , expanding opportunity , and touch base the humans by practicing compassionate , visionary , and expert immigration police force . link up with SophieonLinkedInandTwitter .
TechCrunch+ members meet access code to weekly “ Ask Sophie ” columns;use promo code ALCORN to buy a one- or two - year subscription for 50 % off .
Dear Sophie ,
I ’m a founder of a inauguration in Estonia . I mind to your podcast about the grandness of outside founders come to the U.S. to meet collaborators and do customer discovery before flourish in the market . Should I come on a visitor visa ? Any other visa choice I should consider ?
— Eager in Estonia
Dear Eager ,
I ’m well-chosen to hear that you ’re listening to my podcast from Estonia ! Thanks for attain out to me with your interrogative sentence !
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For those who have n’t heard it , thepodcast episodeyou’re name to features Jeff Wallace , co - founder of inauguration community and atom smasher platform Silicon Valley in Your Pocket , and Ann Lee , who is exploring the challenges and benefits for international founders thrive in the United States , particularly in Silicon Valley . As you know , their advice is to good search , analyze , and understand the market before diving in . Kudos to you for deciding to take the plunge !
But before you do , I recommend you confer a U.S. immigration lawyer to devise a strategy for you based on your short - term and long - term finish . Also , talk about with your attorney when to file for a work visa , such as the H-1B , L-1A , O-1A or E-2 , which I discuss below in more point . U.S. Citizenship and Immigration Services ( USCIS ) is wait to finalize important increases for most petition and program fees in the next few months .
For model , the current filing fee for einsteinium , H , L , and O visa petitions is $ 460 . The USCIS proposal called for increasing the filing fee for E visa request to $ 1,015 , H visa petitions to $ 780 , L-1 visa petitions to $ 1,385 , and O visa petitions to $ 1,055 .
Now , allow ’s plunk into your in-migration options for coming to the United States .
Visitor visa or ESTA status
However , you could not engage in any unauthorized “ work ” while in the U.S. while on a B-1 visa or ESTA WB — or at least the immigration sound definition of “ oeuvre . ” What sorts of activities are typically allowed ?
you may set up your startup ’s U.S. entity , give ear meetings with prospective customers or investor , conduct market research , negociate and sign contracts , or happen an office location — which is a lot ! check out with your immigration attorney for what you may do while on a B-1 or ESTA WB .
Keep in mind that the B-1 visa and the B-2 visitant visa for delight are most often issued together as a individual visa — and ESTA is available for business organisation ( waiver business ) or for pleasure ( WP or release joy ) . When you get in the U.S. , make certain that the U.S. Customs and Border Protection ( CBP ) officer knows you intend to take part in job activities during your stay on either the B-1 or ESTA WB .
This is extremely important ! If the CBP police officer neglect to observe that you will be behave occupation activities while in the U.S. and lists your stay as a joy trip , you could menace your ability to enrol the U.S. Any succeeding work visa or fleeceable lineup applications as different activities are permitted when you are a tourist or a commercial enterprise visitor .
If you have a pick , the B-1 visa offers more flexibility than ESTA WB : you’re able to offer the B-1 visa once for an extra six calendar month , and you’re able to change your status from a B-1 to another work visa while already inside in the U.S. In contrast , you’re able to not ( except for maybe at the outset of the global pandemic ) stretch forth ESTA WB beyond 90 days , and you’re able to not commute to another nonimmigrant status while in the U.S.
If you get along to the U.S. on a B-1 commercial enterprise visitor visa to explore the market here and determine to move forward with expanding your business in the U.S. , you may then hold to change to one of the visa categories below and afterwards use for a visa the next clip you need to travel internationally . A suer , such as your company , will be required to patronise you for any of these visas .
L-1A intracompany transferee visa
TheL-1Avisa for intracompany transferee managers and administrator provides a expectant alternative for international founders who have been working at their startup abroad for at least one yr in the past three years to come to the U.S. to open an office .
You will call for to show that you have secure office outer space in the U.S. and that the U.S. berth will stand your place within one twelvemonth of blessing of the L-1A visa . You need to have a physical office — even a dedicated elbow room in a co - working space — which indicate that your company is serious and feasible .
The L-1A visa app call for various evidence such as business sector architectural plan , increase models , and organization charts . If you ’re localize up a novel function in the U.S. and are approved for an L-1A , that visa will be valid initially for one year only . After that , to extend the L-1A , you will require to show your U.S. business has met your ontogeny models and continue to be executable . L-1As for director and executives are valid for a maximum of seven yr .
L-1 visa are twofold intent , so it ’s easy to apply for a greenish card in latitude . TheEB-1Cgreen card for multinational managers and executive is one potential path to permanent residence for inauguration founders .
H-1B specialty occupation visa
Some individual are able-bodied to qualify for jacket crown - nontaxable H-1Bs without the lottery . Also , policy changes have made the H-1B visamore appeal for founders , and we are require melioration to this year’slottery .
O-1A extraordinary ability visa
I often recommend founders apply for anO-1Aextraordinary ability visa if they meet the necessity because there is no anterior employment account and no pedantic point requirement , the wage is flexible , and it can be indefinitely renewed and structure for multiple engagements .
You must meet at least three of the followingcriteriato qualify , but for a strong case , I usually urge at least four :
An O-1A can also put you in a great stead to self - petition an EB-1A or EB-2 NIW green calling card , which means you do n’t have to rely on a company or spouse for permanent residence .
E-2 treaty investor visa
TheE-2visa for accord investors provides a majuscule alternative for international beginner whose home res publica has a trade and commerce treaty with the U.S. The U.S. Department of State maintainsa list of treaty countries , which includes Estonia and more than 75 countries .
The E-2 enable international founders to subsist and play in the United States while place substantial capital to build a byplay here . For a beginner to qualify for an E-2 , at least half of the U.S. business must be owned by mass or companies from your country of citizenship . This can get complicated for startups that offer fairness to VCs . Talk to a lawyer about your globular corporate social organisation and your fundraising plans .
Like the L-1A , the E-2 software requires business plans , growth framework , and organization chart . Although the E-2 requirements do n’t specify a minimum investment amount , immigration officers expect for upfront investments of $ 100,000 or more in billet space , equipment , and inventory , which must already be drop prior to filing . Some founders have succeeded in measure up with a transfer of intellectual property to their U.S. party . While the E-2 does not specifically require job creation , it ’s often very helpful .
revel explore the U.S. food market ! You ’ve got this !
— Sophie
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