Dear Sophie: How can I return to the United States as a founder?

Here’s one other version of “Dear Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

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Dear Sophie,

I lived and labored in the United States on an L-1B for a year, after which modified to an H-1B for two.5 years before I moved back to India (the place I’m a citizen) and based a startup.

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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?

— Fast-Moving Founder

Dear Fast-Moving,

Congratulations on launching your own enterprise and making the transfer to leap back to the States to develop your startup and secure traders! I like to recommend working with an immigration lawyer to find out one of the best choices based mostly in your long-term goals, in addition to a company lawyer to debate one of the best construction in your startup’s U.S. entity to make it engaging to traders. Most U.S. traders want to speculate in a mum or dad firm based mostly in the U.S. that’s a Delaware C company.

Depending 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 end of this year because you went by means of the interview course of in your L-1B intracompany transferee specialised knowledge employee visa. The U.S. Department of State prolonged the visa interview waiver program till the end of this year. Consular officers have the discretion to waive the visa interview requirement for sure work visas like the O-1A and H-1B if the beneficiary was beforehand issued a visa and has by no means been refused one. Unfortunately, the interview can’t be waived for the L-1 visa.

You have a couple of visa choices to return to the U.S. as a founder, so let’s dive in!

Image Credits: 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 office area, or meet with potential traders, 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. However, you can not do any work whereas on a B-1. Your immigration lawyer can let you know what actions are allowed.

When you arrive in the U.S., be ready that the U.S. Customs and Border Protection officer on the airport could ask you what enterprise actions you propose to do throughout your keep.

While you’re in 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.

Dear Sophie: How can I return to the United States as a founder? by Walter Thompson initially revealed on TechCrunch