Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.
“Your questions are important to the unfold of data that permits individuals everywhere in 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 in search of a job in Silicon Valley, I might like to reply your questions in my subsequent column.”
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Pricey Sophie,
I lived and labored in the USA on an L-1B for a yr, after which modified to an H-1B for two.5 years earlier than I moved again to India (the place I’m a citizen) and based a startup.
Now I wish to return to the U.S. to lift funds for my startup. What are my choices for returning to the U.S. as a founder?
— Quick-Transferring Founder
Pricey Quick-Transferring,
Congratulations on launching your personal enterprise and making the transfer to leap again to the States to broaden your startup and safe buyers! I like to recommend working with an immigration legal professional to find out the most effective choices primarily based in your long-term objectives, in addition to a company legal professional to debate the most effective construction on your startup’s U.S. entity to make it enticing to buyers. Most U.S. buyers desire to spend money on a father or mother firm primarily based within the U.S. that’s a Delaware C company.
Relying on which non-immigrant visa you pursue, you could possibly keep away from having to undergo an in-person consular interview by means of the top of this yr because you went by means of the interview course of on your L-1B intracompany transferee specialised information employee visa. The U.S. Division of State prolonged the visa interview waiver program till the top of this yr. Consular officers have the discretion to waive the visa interview requirement for sure work visas just like the O-1A and H-1B if the beneficiary was beforehand issued a visa and has by no means been refused one. Sadly, the interview can’t be waived for the L-1 visa.
You might have a number of visa choices to return to the U.S. as a founder, so let’s dive in!
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
B-1 visa
If you wish to arrange your startup’s U.S. entity, discover workplace area, or meet with potential buyers, you are able to do that on a B-1 customer visa for enterprise. The B-1 will allow you to enter the U.S. and keep for as much as six months. Nevertheless, you can not do any work whereas on a B-1. Your immigration legal professional can inform you what actions are allowed.
Once you arrive within the U.S., be ready that the U.S. Customs and Border Safety officer on the airport could ask you what enterprise actions you plan to do throughout your keep.
When you’re within the U.S. on a B-1 you possibly can change your standing to one of many visas beneath with out leaving the U.S.
