For startup founders, managing team dynamics, product development, and funding while navigating the US visa process can be challenging. However, securing the right visa is important for starting and growing a business in the competitive US market.
This guide focuses on key visa types for founders like E-2 Investor Visa, H-1B Specialty Occupation Visa & O-1 Extraordinary Ability Visa, L-1 Visa, EB-5 VIsa application guidelines & ways to overcome common challenges. Knowing your choices will help you streamline the application process so that you can concentrate on expanding your organization.
5 Ways to get a US Visa as a Startup Founder
1. E-2 Investor Visa
What is an E-2 Investor Visa?
The E-2 Investor Visa aims to specifically empower entrepreneurs to substantially invest capital in an American-based enterprise. Founders intending to build a solid base for their ventures are well-served by this immigration option since it allows them to move to the United States as well as work from there while overseeing their investments.
Key Requirements
Nationality: You should be from a country with which America maintains a treaty of commerce and navigation. This forms one of the requirements that make up the E-2 Visa application process.
Investment: A substantial amount of cash has to be put into a real business located within US borders. The sum is not defined but falls usually between $100000 – $200000 or even higher. It must also remain “at risk” and capable of bringing returns.
Control: You must come to develop and direct this enterprise yourself in America which often means having an ownership stake of 50% or more or the ability to exercise control by being a manager.
Job Creation: The company should not be marginal; it needs to provide sufficient income for you and your family or have a significant impact on the economy in terms of social value added.
How to Apply
Gather Documentation: Assemble required papers such as proof of nationality, investment size (amount), and detailed business plan indicating what its goals/outcomes look like, and demonstrating how you control it.
Submit Form DS-160: Fill out the online DS-160 non-immigrant visa application form accurately and submit it.
Schedule an Interview: Set aside some time for processing and preparation, and book an appointment to talk to a consular officer in the embassy or consulate of the US in your home country.
Attend the Interview: Be ready to answer questions regarding your investment strategy along with other business plan-related concerns. Clearly articulate your case while providing all necessary documents to the consular officer during an interview session.
3. O-1 Visa
What is O-1 Visa?
The O-1 Visa is for individuals who have achieved something extraordinary in their respective fields. Entrepreneurs fall into this category because they have exceptional achievements such as winning prestigious awards or making profound contributions towards their respective fields of expertise.
Key Requirements
Extraordinary Ability: For you to qualify, there must be strong evidence that shows that you are well-known nationally or internationally for what you have done in your area of specialization. This might include things like accolades, media coverage, or membership in exclusive societies.
Evidence: To prove that you are uniquely talented, giving details of prizes won, belonging to organizations where exceptional performance is a must, finding articles about yourself, and producing records showing how much help you have provided for similar problems experienced by others will be needed.
Job Offer: You will need a job offer from an American employer or representative who is willing to sponsor your visa. The job must be in line with your exceptional abilities.
How to Apply
Gather Documentation: Collect thorough documentation about you having extraordinary ability and significant achievements in your field. It should be well organized and presented clearly.
File Form I-129: This form lists all qualifying criteria and the job you have been offered for which a US employer has filed an I-129 petition on your behalf.
Submit Supporting Documents: These may include reference letters from industry experts, as well as extensive evidence of both the nature of the job offer and any extraordinary ability you claim.
Attend the Interview (if required): Some applications might need to go through an interview at the U.S. embassy or consulate where they can discuss their skills and accomplishments.
3. H-1B Visa
What is the H-1B Visa?
A visa designed for foreign workers in specialty occupations that require theoretical or technical expertise is referred to as an H-1B visa. This visa can be sought by a startup founder with specialized knowledge and a job offer from a US employer, which will enable them to share their skills with the American workforce.
Key Requirements
Specialty Occupation: The job must require a bachelor’s degree or higher in a particular field related to the position you are applying for, showing that it necessitates special knowledge.
Education: For example, you should have relevant educational qualifications including experience or work certificates.
Employer Sponsorship: A critical requirement for your US employer who wants to sponsor your visa since they have to file all documents associated with obtaining it.
How to Apply
Obtain a Job Offer: Secure an offer of employment from an employer based in the United States whose role matches your skill set and experience.
File Labor Condition Application (LCA): Your employer will have to submit an LCA filing with DOL certifying that the job complies with all relevant rules and wage requirements.
Submit Form I-129: It starts when your company files Form I 129-Petition for Nonimmigrant Workers at USCIS.
Lottery Selection (if applicable): Each year there is a limited number of available such visas, and winners of this lottery are chosen through random selection; so do not miss out on this opportunity by mailing your application after the deadline has passed just because it is only one way of increasing odds of winning.
4. L-1 Visa
What is the L-1 Visa?
The L-1 Visa was created specifically for intracompany transferees working within multinational corporations. If they were employed continuously within the last three years for a minimum of one year by their organization anywhere across the globe, these employees could transfer from abroad to any branch office located within the United States. This visa could prove to be quite valuable for entrepreneurs seeking to establish a presence in the US.
Key Requirements
Qualifying Relationship: A qualifying relationship must exist between the foreign company and the US company (e.g., parent company, branch, affiliate).
Employment Duration: In a managerial, executive, or specialized knowledge capacity, an employee must have worked at least one year in any three years for this foreign entity.
How to Apply
Gather Documentation: Obtain documentation showing a connection between these companies and specifics of work experience of an employee.
File Form I-129: The employer is supposed to file Form I-129 with USCIS along with supporting documents.
Attend Visa Interview: If necessary, employees may need to go through the interview process at a U.S. consulate or embassy.
5. EB-5 Visa
What is the EB-5 Visa?
The EB-5 Visa program permits foreign nationals to get their green card by investing in new commercial enterprises within the U.S. that benefit no less than ten American workers. Entrepreneurs who want both permanent residency and to start up a business in the USA should consider this program.
Key Requirements
Investment Amount: The Targeted Employment Area (TEA) warrants a minimum investment amount of $500K only.
Job Creation: Within two years of creating employment that involves hiring no fewer than ten full-time employees from the U.S.A.
How to Apply
Choose a Project: Choose an eligible EB-5 project or create your own business that meets investment requirements.
Make the Investment: A fund transfer is required for you to proceed with this endeavor.
File an I-526 Form: Send an I-526 Form that is meant for an Alien Entrepreneur’s Immigration Petition to USCIS.
Apply for the Visa: Immediately after approval of the petition apply through a US consulate for EB-5 Visa or adjust status in case already in the US.
In this regard, these visa options offer highly significant avenues that enable foreign entrepreneurs to enter into the US and boost their economy as they carry on their business ambitions.
Conclusion
Choosing the right visa is a crucial step in realizing your US startup dreams. Each of these alternatives, E-2 Investor Visa, O-1 Visa, L-1 Visa, EB-5 Visa, or H-1B Visa has its unique set of conditions for qualification and benefits that suit different types of entrepreneurship. This will help you enhance your chances of success by proper preparation and understanding the process.
If you would like personalized guidance, consider getting advice from an immigration lawyer who can help you interpret the complex world of immigration and identify the right visa choice for your specific circumstances. Such expertise will be helpful when it comes to overcoming hurdles and making your application as strong as possible.
Nabin Adhikari
