Do I need a visa to start a business in the US?

You don't have to hold a US Visa or Green Card to register or buy a company in the US. However, it is important to know that setting up a business in the US doesn't authorize its individual owners to work in the US. In order to live and work in the US, a foreign citizen would need the appropriate visa. 

What are the US visa options for international startup founders? 

Securing a work visa can seem daunting at first. We recommend chatting to our legal partners to help map out your goals and timeline. Here is a quick summary of some common visa options for startup founders: 

‍O-1A Visa for individuals with extraordinary ability

For foreigners that have extraordinary abilities/special talents that can be demonstrated through accomplishments (e.g. foreigners that have created an app or software that received substantial media coverage). The O-1 visa grants individuals the ability to temporarily live and work in the U.S. for three years.

E-2 Investor Visa

The E-2 visa allows nationals from certain treaty countries to make an investment into a U.S. business and thereby enter the US to work for that business. Foreign entrepreneurs must have at least $100,000 available to invest in their startup business in the US. If that investment qualifies the founder for an E-2, they are able to run the company and live in the U.S. 

‍H-1B visa is a temporary visa for tech workers
For foreigners who will be considered as an employee at a company from the US. Applicants will need a sponsor from the UNited states, however a foreign co-founder of a US company can qualify as an employee under this H-1B visa if they meet the various requirements including occupation type, salary, and others. 85,000 H-1B visas are issued annually. To address the demand, USCIS runs an annual “lottery.” in which about 30% of applicants are randomly selected. 

L-1 Intracompany Transferee

The L-1A visa is for managers and executives who are transferring to the US from a company abroad. The L-1A is great for founders who have already created a startup abroad, have been working for the startup for at least one year, and want to open a U. office for the startup.  It’s also an option for companies that have employees overseas that need them in the U.S. temporarily.

‍International Entrepreneur Parole

Allows up to three foreign co-founders to enter the U.S. to provide significant public benefit to the U.S. through business growth and job creation. This means, they don’t need an employer sponsor. To qualify for IEP for an initial 30-month period, founders must demonstrate the following: 

• The startup is a US corporation that is less than five years old.
• They have at least a 10% ownership stake in the startup and the founder is central to and plays an active role in the startup.
• For the initial parole application, the startup must demonstrate having raised $250,000 in funding from "qualified investors" or $100,000 from qualified government grants or awards.
• Where funding comes from investors, it must be shown that the investor has made a minimum of $600,000 in investments over the prior five years and these investments have created at least five qualified jobs or generated at minimum $500,000 in revenue with at least 20% annualized growth.
• The startup’s qualifying U.S. investors have aggregate investments in start-up entities of no less than $633,952 over five years and that at least two of those entities have each created five jobs or generated at least $528,293 in revenue with annualized revenue growth of at least 20%.

Check out this article on BeDeck by Sophie Alcorn the founder of Alcorn Immigration Law in which goes into incredible detail about Which US Visa Is Best For International Startup Founders?

Also read these 64 Questions to Ask Your Immigration Attorney, which the Alcorn team have created to guide startup founders, professionals, and others in asking the right questions.