Entrepreneur Immigration

The United States wants entrepreneurs – yet it does not have a specific visa for entrepreneurs.   Although Congress has debated the Start-up Visa, it is unlikely to be available in the near future.

Despite the absence of a specific start-up visa, the immigration system provides entrepreneurs with some options.  Based on an entrepreneur’s specific situation, viable options may include the H-1B visa, the L-1 visa, and the E-2 visa, among others.  Additionally, an entrepreneur may qualify for a green card through a national interest waiver.  To determine what viable options may be available, please contact the firm.

Representative Entrepreneurial Immigration Case Studies

Overseas Start-up Opens New Office in United States

A young Indian national has a financial technology company that has dozens of employees in India and is making sales in many countries – including the United States.  To expand the company’s American market share, the Indian entrepreneur wants to open a U.S. office.  Since the company doesn’t have any American employees, the company’s founder can apply for a “new office” L-1 visa that allows the founder to come to the United States to start and operate the new office for one year.  At the end of that one year, the founder can reapply for the L-1 visa for up to an additional six years.  The founder can receive the additional six years if he can show that the new office requires his leadership and management.

In addition to the L-1 visa, the Indian founder may also be eligible to apply for Permanent Residency through the EB 1-3 visa category if the founder’s Indian company and American company are properly aligned.