Los Angeles Immigration Attorney for Startup Founders

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Navigating the complex landscape of immigration law can be a daunting task, especially for startup founders looking to establish their presence in Los Angeles. Similar to how you build a roadmap for your product and business model, it is important to establish a framework to define the legal needs you expect to have and how best to meet those needs moving forward.

By drawing upon the expertise of our team of immigration attorneys, startup founders enhance their prospects of establishing and growing their startup successfully in LA tech hotbeds like Silicon Beach, Culver City, DTLA, El Segundo, Pasadena, Glendale, Beverly Hills, and Santa Monica. At Alcorn Immigration Law, we understand the founder’s journey. To learn more about how we can help with your immigration case, contact us today.

How We Help Startup Founders

Los Angeles is a hub for diverse and dynamic startups, attracting talent from all over the world. For entrepreneurs aiming to thrive in this vibrant tech scene, navigating the complexities of immigration law is crucial. Many founders often underestimate the importance of experienced immigration attorneys in their journey. Early-stage companies can encounter numerous challenges when securing the right visas and permits for their team members. We work to understand your unique story and goals and provide the support you need to these immigration hurdles quickly and efficiently.

What Is the O-1 Extraordinary Ability Founder Visa?

The O-1 Extraordinary Ability visa is a category specifically designed for founders with extraordinary abilities in their field. To qualify for the O-1 visa as a tech founder, the applicant must provide substantial evidence showcasing their extraordinary ability in their field. This evidence may include awards, patents, publications, and other recognition highlighting the individual’s significant contributions to the tech industry. Additionally, letters of recommendation from industry experts can further strengthen the application by attesting to the applicant’s exceptional skills and 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.

What Are the H-1B Transfers and Lottery for Founders & Executives?

The H1-B visa program allows startup founders and executives to temporarily work in the United States. Individuals holding H1-B visas can transfer their employment between employers, known as “H-1B transfers,” under certain conditions. Startup founders often rely on H1-B transfers when switching companies to continue their work in the U.S. with a new employer. We have obtained H-1Bs for early-stage founders who own the majority of the equity in their companies.

When an individual applies for a new H-1B visa or changes their employer, they may be subject to the annual H-1B visa lottery. The H-1B lottery is a random selection process used when the number of registrations exceeds the annual H1-B visa cap. For startup founders and executives looking to transfer their H-1B visas, navigating the lottery system is key to ensuring a smooth transition between companies. It is also possible to obtain cap-exempt concurrent H-1B visas, which do not require going through the lottery.

What Is the L-1 Intracompany Transferee Visa?

The L-1 visa enables multinational companies to bring in key personnel from overseas to work in the U.S., promoting international business operations and facilitating the exchange of expertise and talent across borders This visa category facilitates the temporary transfer of foreign national employees with managerial, executive, or specialized knowledge skills to U.S.-based offices.

To qualify for an L-1 visa, employees must have worked for the foreign entity for at least one continuous year within the preceding three years in an executive, managerial, or specialized knowledge capacity. The U.S. employer and the foreign entity must have a qualifying relationship, such as being branches, subsidiaries, or affiliates of each other.

Additional Founder Visas

To explore additional visa options for startup founders in Los Angeles, the E-1 and E-2 visas stand out as viable alternatives. These visas, also known as Treaty Trader (E-1) and Treaty Investor (E-2) visas, cater to individuals from countries that have treaties with the United States.

The eligibility criteria for E-1 and E-2 visas vary but generally entail:

Nationality: Founders must be citizens of a treaty country.
Substantial Trade or Investment: E-1 visa applicants must engage in substantial trade between the U.S. and their treaty country, while E-2 visa applicants need to make a substantial investment in a U.S. business.
Substantial Control: Founders must possess a significant stake or managerial role in the U.S. enterprise.
Intent to Depart: Applicants must have the intention to depart the U.S. once their visa expires.

What Are the B-1 and B-2 Business and Visitor Visas?

The B-1 and B-2 visas are essential categories for individuals seeking to visit the U.S. for specific purposes. The B-1 visa is for business travelers who need to engage in business activities like negotiations, consultations, or attending conferences. It does not allow for actual employment in the U.S. On the other hand, the B-2 visa is for tourists or individuals visiting friends and family.

Permanent Residence for Startup Founders

EB-1A

EB-1A, also known as the Extraordinary Ability green card, is a category tailored for foreign individuals who exhibit extraordinary ability in their field. To qualify for an EB-1A green card, startup founders must demonstrate exceptional expertise in their industry, showcasing sustained national or international acclaim. This category is ideal for startup founders in Los Angeles who have achieved significant accomplishments and recognition within the tech sector, making them eligible for permanent residency in the U.S.

EB-1C

The EB-1C program, also referred to as the Multinational Manager or Executive green card, is designed for foreign executives or managers transferring to the United States to work for a related company. This category is beneficial for startup founders establishing or expanding their startup operations in Los Angeles. By demonstrating their executive or managerial role in the company, founders can potentially secure permanent residence through the EB-1C program, enabling them to continue their entrepreneurial endeavors in the U.S.

EB-2 NIW

EB-2 National Interest Waiver (NIW) is a green card option for individuals with advanced degrees or exceptional abilities who can significantly benefit the United States. Startup founders in Los Angeles can pursue the EB-2 NIW green card by showcasing their unique contributions to the tech industry, highlighting how their work positively impacts the national interest. This category offers startup founders a pathway to permanent residence based on their exceptional skills and potential to contribute to the U.S. economy and technological advancement.

Legal Launch™

To streamline the immigration process for founders, we created Legal Launch™ with Alcorn to help applicants determine whether they meet the required criteria for the fastest visa and green card options. We pinpoint any necessary improvements, outline what is involved and identify the key processes that will support the founder. During this four-week assessment, our immigration attorneys will help your team become more qualified to immigrate faster and more efficiently.

How to Choose the Right Immigration Attorney for Founders?

You want to find the right attorney at the right law firm who will empower you to achieve your dream of living and working in the U.S. The right attorney can relate to business- and tech-minded entrepreneurs. They will appreciate that you are solutions-oriented and offer pragmatic next steps to help you achieve your goals. Above all, the right immigration attorney will do more than simply complete forms and make filings on time – they will take the time to understand your business and your industry and guide you.

The Alcorn Method

Alcorn Immigration Law was founded by Sophie Alcorn, a Certified Specialist in Immigration and Nationality Law by the State Bar of California, an accreditation from the State of California Board of Legal Specialization that not every immigration attorney achieves in California. Like any other founder, Sophie understands the journey and is uniquely placed to support high-growth founders throughout their immigration journey. We accomplish this through our proven four-step method:

Strategize the right solution for your company, taking into account your goals, vision, and expertise.
Prepare your case to optimize your chance of approval.
File all documentation according to the stringent rules and regulations of USCIS or the State Department.
Win your case, ensuring that you join the ranks of thousands of other companies that have successfully secured work visas with the help of our team.

Immigration Resources for Founders

We were voted the top law firm in California for tech startups for a reason. Reflecting our commitment to excellence, we offer an array of immigration resources for founders:

Accomplish, Together

Immigration procedures for new and emerging companies can be especially challenging. We take the time to understand your vision and your specific needs as an immigrant entrepreneur, then craft proactive solutions that are efficient and cost-effective for your company. To connect with our team of seasoned immigration attorneys for startup founders in Los Angeles, contact Alcorn Immigration Law at +1(855) 546-0015 today.