In Silicon Valley, the percentage of immigrant-founded startups has increased to more than 52 percent. Getting the right visa to live in the US and pursue the right professional opportunities is essential. While not easy, it’s certainly possible. The high percentage of startups founded by foreign nationals in the U.S. confirms that visas are being obtained successfully.

1. Immigration Options for
International
Entrepreneurs:
What You Need To Know.
Nadia Yakoob, Esq.

2. Overview
1. Considering the U.S.?
2. Temporary Employment-Based Visas
3. Paths to Permanent Residence
4. Immigration reform?
5. Common Obstacles to Getting Your Visa
6. Q & A

3. Testing the Waters
Visitor Visa (B-1/VWP)
 For temporary business activity in U.S.
 Not for productive employment (must remain on payroll overseas)
 Ties to home country with intent to return
 Period of stay authorized is six months (VWP – 90 days)
 B-1 extensions allowed;
 no extensions for VWP entry

4. Testing the Waters
Studying in the US (F-1)
 Status is for duration of study
 One year of work authorization
granted at conclusion of program -
OPT (must have completed at least
one year of studies in an accredited
university).
 STEM OPT extension of 24
months**

5. Temporary
Employment-
Based Visas

6. H-1B Visas for High-Skilled Workers:

7. H-1B Visas for High-Skilled Workers:
Bachelor’s degree
or equivalent work
experience
Requirements
Higher of actual or
prevailing wage
Employer-
employee
relationship
Government Filing
Fees

8. H-1B Visas for High-Skilled Workers: Wage Requirements
Required Wage – higher of the actual or prevailing
Prevailing Wage
 Average salary paid to all similarly situated
employees (i.e. similar job duties,
experience, education, etc.) in each
geographic region as determined by the
Department of Labor.
 DOL website
Actual Wage
 Paid by the employer to US workers
 In the same position
 At the same work site
 With similar experience and
qualifications

9. H-1B Visas for High-Skilled Workers:
USCIS gives specific examples of employment situations that are acceptable:
Traditional Employment
Temporary/Occasional Off-Site Employment
Long-Term/Permanent Off-Site Employment
The following scenarios are no longer acceptable:
 Self-Employed Beneficiaries
 Independent Contractors
 Third-Party Placement/ "Job-Shop"
Employer-Employee Relationship

10. H-1B Visas for High-Skilled Workers:
Employer
Must Pay.
H-1B Filing Fees

11. H-1B Visas for High-Skilled Workers:
 Base filing fee: $325
 American Competitiveness and Workforce Improvement Act of 1998
(ACWIA) fee (cap-subject petitions only):
 $750 for employers with 1 to 25 full-time equivalent employees, unless exempt
 $1,500 for employers with 26 or more full-time equivalent employees, unless exempt
 Fraud Prevention and Detection fee:
 $500 to be submitted with the initial H-1B petition filed on
behalf of each beneficiary by a petitioner (does not apply
to Chile/Singapore H-1B1 petitions)
 Premium Processing fee (Optional):
 $1,225 for employers seeking Premium Processing
Service

12. H-1B Visas for High-Skilled Workers:
H-1B Cap
Cap: 65,000 (of which 6,800 are allocated to nationals of Singapore
and Chile) + 20,000 additional visas allocated to holders of advanced
degrees from U.S. universities
The Biggest Filers
Cap Subject vs. Cap Exempt
 All Universities are cap exempt
 Some research organizations are cap-exempt
 Extension, amendment and portability petitions are exempt (have you been counted once
in the last six years?)
H-1B Visa Lottery:
First week of
April.

13. H-1B Visas for High-Skilled Workers:
How Much
Can You
Work?
 Can work full-time or part-time
 Can hold dual/concurrent H-1Bs with multiple
employers
 Work is tied to sponsoring employer
 Cannot work for someone else without
authorization.

14. H-1B Visas for High-Skilled Workers:
Duration and Dependents
Duration:  Six-year maximum (granted in two three-year
increments)
 H-1B status can be extended past the six-year
maximum in certain situations.
Dependents:  Spouses and children under 21 may join H-
1B worker
 Cannot work**
 May study

15. E Visa for Treaty Trader and Investor:

16. E Visa for Treaty Trader and Investor:
 Must be a national of a treaty country
(List of E Countries)
 The company must be at least 50% owned by
individuals/entities who/that are nationals of a treaty
country
[E-1] Trade must be significant with the U.S. (at least 50%)
[E-2] Investment must be substantial and for a real, operating enterprise
(not marginal and just for making enough money to live on).

17. E Visa for Treaty Trader and Investor:
E Visa Details
Filing Fee: $270 at the US Consulate per applicant
Duration: Indefinite in two-year increments
$270
Dependents: Work authorization available

18. L-1 Visa for Intra-company Transferees:

19. L-1 Visa for Intra-company Transferees
Opening a new
office in the U.S.
that is an
affiliate,
subsidiary, or
branch of an
entity abroad.
1
Employees are
eligible for
transferring to
the U.S. entity
after working for
one year at the
entity abroad.
2
Coming to work
as an executive/
manager or
worker with
”specialized
knowledge.”
3

20. L-1 Visa for Intra-company Transferees
L Visa Details
Filing Fee: $325 Petition Fee, $500 Anti-Fraud fee, optional
$1,225 for premium processing.
Duration: 5 years max for L-1B specialized knowledge
workers
7 years max for L-1A for executives/ managers.
$825
Dependents: Work authorization available.

21. Other Visas:

22. E-3 Visa for Australian Nationals:
 High-skilled Worker Visa for Australian citizens only
 10,500 available per year
 Job offered must be for a “specialty occupation”
 Prevailing wage requirement applies.
 Controlling shareholder of a startup – not the visa for you!
Duration:
2-year validity; renewable indefinitely
Dependents:
Spouses may apply for employment authorization

23. TN Category for Canadian and Mexican Professionals:
 Must be nationals of either Canada or Mexico
 Coming to U.S. to work in profession listed on NAFTA
schedule
 No prevailing wage requirement
 Employer-specific (controlling shareholder issue returns)
Duration:
Three year stay, renewable indefinitely
Dependents:
TD status; no work authorization

24. O-1 Individuals with Extraordinary Ability or Achievement:
 Sustained national or international acclaim in the sciences,
arts, education, business, or athletics.
 Coming to the United States to continue work in the area
of extraordinary ability.
 Employer specific, but can hold dual O-1s
Duration:
3 years at first, renewable in one-year increments indefinitely
Dependents:
O-3 status; no work authorization

25. O-1 Individuals with Extraordinary Ability or Achievement:
Evidentiary Criteria
Evidence that the beneficiary has received a major, internationally-recognized award, such as
a Nobel Prize, or evidence of at least (3) three of the following:
National or international awards in your field
Membership in associations that require
outstanding achievements
Published material about you or your work
Important and original scientific, scholarly, or
business-related contributions
Scholarly articles A high salary
Being asked to judge the work of others in your
field
Employment in a critical role for established
organizations

26. J-1 Internship/Trainee Visa
J-1 Visa (must meet program requirements, such as relevant
degree, benefit to future employment abroad).
 For internship, must be enrolled in university abroad or have graduated
from university abroad no more than twelve months before starting
internship
 For traineeship, must have graduate degree from university abroad plus
one year of related professional experience or five years of related work
experience abroad.
 Must show ties to home country and intent to return home
 Generally admitted for 18 months or less
 US companies can have their own J-1 program or can sponsor candidates through umbrella J-1 program
 Increased use of on-site visits.
Interning at a for-profit company will be seen as employment so you need a visa.

27. Avenues for
Permanent
Residence

28. Avenues for Permanent Residence
 Employment-Based
 Family-Based
 Diversity Visa Lottery
 Asylum (One-year requirement unless exceptional
circumstances)
 Investment-Based ($1 Million GC)
**Can obtain citizenship five years after obtaining
permanent residence; spouses of US citizens can
apply after three years of permanent residence.

29. Likelihood of
Immigration
Reform?

30. Common
Obstacles

31. Common Obstacles
 Two-year home residency requirement for J-1s.
 Previous overstays.
 Bad Memory: Fingerprint checks can discover many things and
then you could be charged with wilful misrepresentation.
 Criminal Record: If you have been arrested and/or convicted
anywhere in the world, this will affect processing times and visa
eligibility. Also, speak with an immigration attorney before
pleading to any crime in the U.S.

32. Best of
Luck!
Nadia Yakoob, Esq.
SW Law Group, P.C.
3340 Walnut Ave., Suite 120
Fremont, CA 94538
Phone: (408) 329-9184 ext. 104
nadia@swlgpc.com