Sophie Alcorn
Contributor
Sophie Alcorn is the founding father of Alcorn Immigration Legislation in Silicon Valley and 2019 International Legislation Consultants Awards’ “Legislation Agency of the Yr in California for Entrepreneur Immigration Companies.” She connects individuals with the companies and alternatives that broaden their lives.
Extra posts by this contributor
Ask Sophie: As an immigrant to the US, how can I create and work for my very own startup?
Ask Sophie: Any suggestions for F-1 pupil visa approval amid the rising denial fee?
Right here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.
“Your questions are very important to the unfold of information that enables individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”
TechCrunch+ members obtain entry to weekly “Ask Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.
Expensive Sophie,
I’m a startup founder in Berlin. I simply returned from a go to to Silicon Valley the place I met with a brand new buyer. On the journey, I spotted I have to be based mostly within the U.S. to develop our base with U.S. prospects.
What are the most effective visa choices for me and my household? Will any of them enable my husband to work and proceed his profession?
— Searching for Scale
Hey there, Searching for!
Kudos to you on your small business successes to this point — and to your braveness to take the following huge leap to relocate to the U.S.! I’m honored that you just reached out as you and your loved ones start your journey. I’ve bought you!
You might be able to keep away from having to undergo an in-person consular interview for L-1 or O-1 visas for those who apply now as a result of till the tip of this 12 months, the Division of State has given consular officers the discretion to waive the visa interview requirement for sure work visas if the beneficiary was beforehand issued a visa and has by no means been refused one.
Seek the advice of an immigration legal professional who can information you to the most effective immigration choices to your and your loved ones based mostly in your circumstances, timing and objectives. There are a number of choices that may apply to you, based mostly on numerous components akin to having a co-founder in a selected position or your citizenship in sure nations, however for now let’s dive into two of the visa choices for you and your loved ones so you possibly can evaluate the overall pathways!
L-1A is a high choice
In case you have labored to your startup for no less than 12 steady months prior to now three years and may doc your employment via payroll slips or tax paperwork, your startup can file for an L-1A visa for intracompany transferee executives or managers so that you can come to arrange an workplace in Silicon Valley.
To get an L-1A visa to open a brand new workplace in the US, your organization might want to sponsor you for the visa and present that you just’ve secured a bodily workplace location. Your organization can also submit enterprise plans, development fashions, and group charts. For those who’re establishing a brand new workplace within the U.S. and are authorised for an L-1A, that kind of visa will might be initially legitimate as much as one 12 months. To increase the L-1A past that, you’ll want to present that your U.S. enterprise met your development fashions and that the enterprise is viable.
In case your startup applies for an L-1A in your behalf when you’re in your house nation, as soon as the petition is authorised, you have to to use for a visa at a U.S. embassy or consulate. Consular posts have the discretion to waive interviews on a case-by-case foundation no less than via the tip of 2023.
Some individuals go to the U.S. first on ESTA or a B-1 enterprise customer visa to safe an workplace and meet with potential prospects. It’s essential to take into account that the B-1 will not be a piece visa, so whereas working within the U.S. will not be allowed, you possibly can carry out some enterprise actions, akin to taking part in conferences and signing a lease or different agreements. When you might have an workplace and meet all the opposite necessities of the L-1A, your startup can petition you for an L-1A.
The B-1 visa is nice for six months initially (ESTA is legitimate for less than 90 days at a time) and might be renewed as soon as from the U.S. for an additional six-month interval if needed. Premium processing is offered for the L-1A, which implies for a price, U.S. Citizenship and Immigration Companies (USCIS) will both determine in your case or challenge a request for proof inside 15 days.
In case your husband desires to accompany you to the U.S. to easily apply and interview for jobs when you scout for workplace area, he can enter on ESTA or apply for a B-1 visa as nicely. The B-1 and the B-2 customer visa for pleasure are issued collectively, so it’s essential that you just and your husband let the U.S. immigration officers know, notably on the airport, that you’ll be conducting enterprise whereas within the U.S. Failing to take action might put your capacity to remain within the U.S. and any future visas and inexperienced playing cards in danger.
The partner and dependent youngsters of L-1A visa holders are eligible for an L-2 visa. As an L-2 visa holder, your husband might be eligible to work. Since 2021, people who’ve an L-2 visa not have to use for or renew their employment authorization doc (EAD), in any other case generally known as a piece allow. The USCIS will challenge Type I-94 itemizing “L-2S” when granting your husband a standing change to an L-2. That’s thought of equal to an EAD card and it’s an awesome profit for households!
The utmost keep within the U.S. on an L-1A visa is seven years. The L-1A affords a path to the EB-1C inexperienced card for multinational executives and managers. The necessities for the EB-1C are much like these of the L-1A: Your organization should sponsor you, and you should have been employed within the U.S. as an government or supervisor for no less than one 12 months.
O-1A is an choice, however . . .
If the L-1A will not be an choice for you, we’ve had loads of success serving to founders get an O-1A extraordinary capacity visa. However take into account that in contrast to the dependent partner of an L-1A visa holder, the O-3 dependent partner of the O-1A visa holder will not be eligible to work. Nonetheless, your husband can work if he finds a job along with his personal employer keen to sponsor him for a piece visa.
For those who pursue the O-1A, it’s simpler to your firm to qualify for an L-1A, however the general bar to your accomplishments is larger. Nonetheless, I typically discover that the majority startup founders with a product, maybe some funding, and a few preliminary traction can simply qualify. To qualify for the O-1A, you should display no less than three of eight standards, akin to receiving worldwide or nationwide awards; unique, invitation-only membership in organizations; and being featured in skilled, commerce or main media. Try this earlier Ask Sophie column by which I dive into methods to meet every of the eight O-1A standards. Premium processing can also be out there for the O-1A.
As a result of the EB-1A extraordinary capacity inexperienced card has lots of the identical standards because the O-1A, the O-1A is a reasonably simple attain to an EB-1A or some founders pursue an EB-2 NIW if their wait time is suitable.
E-2 can also be an choice, however . . .
The E-2 treaty investor visa permits worldwide founders whose house nation has a commerce and commerce treaty with the U.S. — as Germany does — to reside and work within the U.S. whereas investing substantial capital to construct a enterprise right here. (The U.S. Division of State maintains a listing of treaty nations.) However take into account that no less than half of your U.S. enterprise should be owned by individuals or corporations out of your nation of citizenship to keep up E-2 standing, which will get difficult notably if and when your startup begins elevating funds.
Though the E-2 necessities don’t specify how a lot capital you should make investments to construct your U.S. enterprise, immigration officers search for giant investments in workplace area, tools and stock, someplace within the $100,000 vary. That may make it troublesome — however not unimaginable — for startup founders to qualify for the E-2. Whereas the E-2 doesn’t particularly require job creation, immigration officers might take into account your U.S. enterprise to be too “marginal” with out it.
One other main issue is that the E-2 visa software course of happens instantly on the consulate, and there’s no choice for premium processing in case you are looking for a a number of entry visa in your passport.
The partner of an E-2 visa holder is eligible to use for an EAD. Just like the L-2 visa holders, E-2 dependent visa holders routinely have work authorization with their visa and can obtain a Type I-94 that serves as proof they’re licensed to work.
Just like the O-1A, there’s no restrict on the variety of instances the E-2 visa might be prolonged. Nonetheless, for the E-2, immigration officers will need you to display that you just nonetheless preserve a residence and ties to your property nation and intend to finally return there. That is known as non-immigrant intent, and immigration officers will need to see that you don’t intend to and haven’t any need to stay within the U.S. completely. In distinction, the L-1A and O-1A visas can help you pursue a inexperienced card (everlasting residency).
Immigration officers closely scrutinize each the L-1A and E-2 visa functions, so I need to gently remind you the way vital it’s to work with an immigration legal professional to current a powerful case no matter route you determine to take.
Get pleasure from your journey!
— Sophie
Have a query for Sophie? Ask it right here. We reserve the proper to edit your submission for readability and/or area.
Sophie Alcorn, founding father of Alcorn Immigration Legislation in Silicon Valley, California, is an award-winning Licensed Specialist Legal professional in Immigration and Nationality Legislation by the State Bar Board of Authorized Specialization. Sophie is enthusiastic about transcending borders, increasing alternative, and connecting the world by training compassionate, visionary, and skilled immigration regulation. Join with Sophie on LinkedIn and Twitter.
Sophie’s podcast, Immigration Legislation for Tech Startups, is offered on all main platforms. For those who’d prefer to be a visitor, she’s accepting functions!