Immigration For Startups
One of the challenges we've faced at BackType on a regular basis has been US immigration. My co-founder and I are both Canadians now working in the United States, and we've hired two co-op/interns from abroad. As a startup founder, employee or intern, obtaining a visa can be especially challenging.
You should focus your efforts on one of the following visa categories:
Now, some background on each:
O-1 for People of Extraordinary Ability
The O-1 is a dual intent work visa that applies to “aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.” Unless you've won a Nobel Prize, you have to qualify for at least three of the O-1 criteria. I recommend applying with four supporting criteria. If you've done anything significant in academia, launched a successful product, spoken at conferences, received a lot of press, etc, then this becomes viable.
Expected completion: 1-6 month preparation, 3-4 months processing or 15 day premium processing for $1,000
Trade NAFTA Status
The Trade NAFTA (TN) non-immigrant work status is restricted to citizens of [the United States,] Canada and Mexico and to certain professions. The TN is limited to a three year period which can be renewed indefinitely, but it is not dual intent. You apply for a TN at a Port of Entry and it has relatively simple requirements:
- Proof of a job offer, commonly in the form of a letter offering employment for no more than three years
- Documentation in the occupation area (university degree, evidence of former employment, etc)
Don't let the TN's simplicity fool you. Prepare rigorously, bring a ridiculous amount of documentation and take it very seriously – the border control / immigration officer will.
Expected completion: less than 1 week
H-1B Visa
The H-1B is a dual intent work visa that allows US employers to employ foreign workers in specialty occupations for three years, extendable to six years or more. There are strict requirements regarding the employer/employee relationship, making the H-1B inappropriate when the beneficiary is a major shareholder i.e. founder. There are also requirements such as wage minimums, having a bachelor's degree or its equivalent, and there's a yearly cap, which if exceeded can turn the category into a pseudo lottery. I would only recommend the H-1B for people you hire that can transfer it to your company.
E2 Investor Visa
Sometimes entrepreneurs can pursue the E2 visa which awards individuals who make a “substantial” investment in a US business. Generally, the investment should exceed $200,000 USD, though some consulates require $500,000. The amount is evaluated based on the type of business being invested in.
J-1 for Interns & Trainees
The J-1 non-immigrant visa is for the interns and co-ops you plan to hire, though it can be used for foreign nationals who just graduated from a post-secondary academic institution. The student needs to:
- be currently enrolled and pursuing studies at a post-secondary academic institution outside the US, or
- have graduated from such an institution no more than 12 months prior to his or her start date
Expected completion: 4-8 weeks
There are alternatives, but the ones listed here are the most common. If you pursue an O-1, H-1B or E-2, I highly recommend working with an immigration lawyer; if you can't afford one, most will do an initial consultation for free that can help you figure out a plan.
