With innovation hotbeds like Seaport District, Kendall Square, South Station, Back Bay, and South End, the capital of Massachusetts has become a major U.S. tech hub for AI, biotech, and cybersecurity. As Boston startups foster a tech community in which successful entrepreneurs flourish, startup founders are facing unique immigration challenges that pose barriers to their company’s growth.
By leveraging the expertise of our team of Boston immigration attorneys, startup founders can streamline the visa application process, address any legal complexities, and enhance their prospects of establishing and growing their startup successfully in the U.S. To learn more about how we can help, contact us today.
How We Help Startup Founders
An MIT study confirms that immigrants in the United States are statistically more likely to establish a business compared to native-born citizens. With the rise of immigrant-founded tech startups, the demand for premier legal services tailored to the needs of entrepreneurs has never been higher. Depending on your specific needs, unique entrepreneurial goals, and the structure of your business entity, there may be several options available to secure a visa to the United States, including the following.
O-1A Extraordinary Ability Startup Founder Visa
An O-1A Extraordinary Ability visa is designed for individuals with extraordinary abilities in their field, allowing them to work in the U.S. based on their exceptional skills and achievements. Startup founders who qualify for the O-1A visa must demonstrate a high level of expertise and recognition in their respective industries. This visa category is ideal for founders with a proven track record of success, significant contributions to their field, and a strong potential to continue making substantial impacts in the tech sector. To obtain an O-1A visa, startup founders need to showcase their extraordinary abilities through various criteria, such as awards, publications, patents, and other notable achievements.
What is International Entrepreneur Parole?
The International Entrepreneur Rule established a 2.5 year immigration status, called International Entrepreneur Parole (IEP), for startup founders. It includes the possibility of a 2.5 year extension. Spouses are eligible for automatic work authorization.
To qualify for the initial grant of IEP, the founder must demonstrate that the startup is less than 5 years old, he or she holds at least 10% ownership, and certain financial thresholds to demonstrate angel investment, venture capital or grants from U.S. government entities. The financial thresholds are adjusted for inflation every 3 years but IEP can be obtained even by meeting them partially if the founder shows the potential for growth and job creation.
H-1B Transfers and Lottery for Executives & Founders
H-1B transfers are vital for executives and other founding team members seeking to work in the U.S. These transfers allow eligible individuals to move from one H-1B employer to another without being subject to the H-1B visa cap. Qualifying for an H-1B transfer requires meeting specific criteria set by U.S. Citizenship and Immigration Services (USCIS). We have obtained H-1Bs for early stage founders who own the majority of the equity in their companies.
The H-1B visa program has an annual cap, leading to a lottery selection process when the number of applications exceeds the available visas. Securing an H-1B visa through the lottery can be a critical step for startup founders to work legally in the U.S. and contribute to their startup’s growth and success. It is also possible to obtain cap-exempt concurrent H-1B visas which do not require going through the lottery.
L-1 Intracompany Transferee Visa for Multinational Executives
This visa category is particularly beneficial for startup founders looking to expand their startup operations into the U.S. market.
- Qualifications: To qualify for an L-1 visa, the applicant must have worked for the company’s foreign branch for at least one continuous year within the last three years in an executive, managerial, or specialized knowledge capacity.
- Types of L-1 Visas: There are two types of L-1 visas:
- L-1A Visa: For executives and managers transferring to a managerial or executive role in the U.S.
- L-1B Visa: For employees with specialized knowledge transferring to the U.S. to utilize their specialized skills.
- Benefits: The L-1 visa enables startup founders to establish or expand their presence in the U.S. by transferring essential personnel with key knowledge of the company’s operations and technologies.
- Duration: L-1 visas initially allow for a stay of up to three years, extendable to a maximum of seven years for L-1A visa holders and a maximum of five years for L-1B visa holders.
- Employer Requirements: The U.S. and foreign entities must have a qualifying relationship, such as a parent company, subsidiary, branch, or affiliate, and the U.S. entity must continue to do business during the visa holder’s stay.
Additional Founder Visas
Every founder’s journey is unique, and United States immigration law establishes different visa options to facilitate startup companies’ growth and success in the country. In some cases, pursuing an E-1 or E-2 visa may offer the most streamlined avenue to immigration. To qualify for either visa, the founder must be a national of a country that has a treaty of commerce and navigation with the U.S.
The E-1 visa, also known as the Treaty Trader visa, is designed for individuals engaged in substantial trade between their home country and the U.S. Alternatively, startup founders seeking to develop and direct a tech startup in the U.S. may consider the E-2 visa, also known as the Treaty Investor visa. This visa is available to individuals who invest a significant amount of capital in a U.S. business to ensure the successful operation of the tech startup.
B-1/B-2 Business and Visitor Visas
Startup founders looking to visit the United States for business purposes find B-1 and B-2 Business and Visitor Visas essential. Although these visas do not grant work authorization, they allow founders to engage in certain business activities and attend meetings, conferences, or negotiate contracts related to their startup.
Startup founders can apply for a B-1 visa for business purposes, which permits temporary visits for activities like consulting with business associates, attending conferences, or exploring business opportunities. In contrast, they use the B-2 visa for tourism and other non-business-related activities. Founders cannot receive payment from a U.S. source while on a B-1 visa, but they can explore potential business opportunities, secure funding, or engage in discussions with potential investors for their tech startup.
Permanent Residence for Startup Founders
Through strategic legal guidance, founders can navigate the complex immigration processes to obtain permanent residency. At Alcorn Immigration Law, a team of experienced immigration attorneys assists startup founders in identifying the most suitable course of action and crafting strong applications to optimize their chances of success. Some of the strategies that we use to secure permanent residence for startup founders include:
- EB-1A Green Card: This category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- EB-1C Green Card for Multinational Managers and Executives: Designed for managers and executives who have been employed outside the U.S. by a multinational company expanding in the U.S.
- EB-2 NIW Green Card for Exceptional Ability: This visa category is for individuals with exceptional abilities in their field whose future work is deemed to be in the national interest.
Legal Launch™
Understanding how to proceed with the immigration process is key to your company’s success. We created Legal Launch™ with Alcorn to support founders in securing nonimmigrant and immigrant work visas. During this four-week assessment, our immigration attorneys will help you gain confidence in your qualifications and navigate the best immigration pathways with ease.
How to Choose the Best Immigration Attorney for Founders?
When selecting an immigration attorney, startup founders should assess the attorney’s expertise, communication style, and track record to make an informed decision. Begin by researching immigration attorneys who focus on providing services to startup founders. Examine the attorney’s background and experience in handling cases similar to yours. Verify their success rates in obtaining visas and green cards for startup founders, especially in the specific visa categories you are interested in.
Choose an attorney who creates solutions based on your goals and helps you create the right strategy to get there. Ensure that they put your interests first and understand what founders in the tech space need. At Alcorn Immigration Law, we have spent years working with startup founders to navigate the complexities of the U.S. immigration system and supporting them in achieving their entrepreneurial aspirations.
The Alcorn Method
Founded by Sophie Alcorn, a Certified Specialist in Immigration and Nationality Law by the State Bar of California, Alcorn Immigration Law has been voted the top law firm in California for technology startups. Our success is the consequence of our innovative approach to immigration cases:
- We begin with a comprehensive review of our client’s objectives to strategize the right solution for them.
- After identifying the right solution, we diligently prepare your case to optimize your chance of approval.
- Once your application is ready, we file all documentation according to the rules and regulations of the USCIS or State Department.
- When you win your case, you will join the thousands of other companies who have successfully secured work visas with the help of our team.
Immigration Resources for Founders
As a premier immigration law firm serving Boston, Massachusetts, we are proud to offer a range of resources designed to help founders better navigate the visa process:
- Ask Sophie™ as seen in TechCrunch
- The Sophie Alcorn Podcast
- Order the Book
- Register for Events
- Legal Launch
- Alcorn Academy & Alcorn Academy Live
Accomplish, Together
By working with the right immigration lawyer, startup founders can increase their chances of success and realize their dreams in the United States. To connect with our team of experienced immigration attorneys for startup founders in Boston, contact our office at +1(855) 546-0015 today.
