San Diego is quickly emerging as a hotbed for the tech industry, largely due to its level of diversification coupled with an increase in VC spending and reduced cost of living compared to other markets. With the tech talent supply growing and the momentum continuing to draw entrepreneurs to the city, more and more startup founders are looking to establish roots in hotspots like La Jolla, Mira Mesa, East Village, and Sorrento Valley.
As seasoned immigration lawyers for startup founders, we get to share in our clients’ exciting journeys to build their startups in the United States. We take the time to understand your unique vision and business goals, then craft proactive solutions to help facilitate your entrepreneurial success. To learn more, contact us at +1(855) 546-0015 today.
How We Help Startup Founders
We support startup founders by practicing compassionate, visionary, and rigorous immigration law to connect the world. Our team understands how to identify the right strategy to address the challenges that early-stage companies face and how to move forward with confidence and clarity. If you are a visionary tech founder with innovative ideas and a desire to launch or scale your company in the United States, there are a range of visa options available to help you turn your business dreams into reality.
What is the O-1 Extraordinary Ability Founder Visa?
To qualify for the O-1 extraordinary ability visa as a founder, applicants must showcase a high level of expertise and recognition in their industry. This visa category is ideal for startup founders who have made significant contributions to their field and are recognized as leaders or innovators. We guide tech entrepreneurs through the application process, helping them compile evidence of their extraordinary abilities to meet the visa requirements.
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 H1-B Transfers and Lottery for Founders & Executives?
H-1B transfers refer to the process of moving from one H-1B employer to another. This transfer allows tech entrepreneurs to transition smoothly between companies while maintaining their legal immigration status in the United States. We have obtained H-1Bs for early stage founders who own the majority of the equity in their companies.
The H-1B lottery system is critical for startup founders and executives seeking to work in the U.S. This randomized process determines the allocation of H-1B visas, which are highly sought after in the tech industry. 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?
This type of visa enables multinational companies to transfer key employees from offices abroad to the United States. Under the L-1 visa, eligible employees can work in the U.S. for up to seven years, providing an opportunity for startup founders to establish or expand their presence in the country. The L-1 visa also allows for dual intent, meaning applicants can pursue a green card while on this visa status.
One of the key advantages of the L-1 visa is that it does not have a strict educational requirement, making it accessible to startup founders with varying educational backgrounds. Moreover, the visa allows for transferring key personnel to the U.S. quickly, facilitating growth and development for tech startups.
Additional Founder Visas
The E-1 visa is available for entrepreneurs engaged in substantial trade between the U.S. and their country of origin. To qualify for this visa, an applicant must be a national of a country that has a treaty of commerce and navigation with the U.S. This visa is suitable for startup founders looking to establish or develop trade relationships in the U.S. It allows for a maximum initial stay of up to two years and can be extended in two-year increments indefinitely.
The E-2 visa, or Treaty Investor visa, is tailored for entrepreneurs wishing to invest a substantial amount of capital in a U.S. business. Similar to the E-1 visa, the applicant must be a national of a country that has a treaty with the U.S. concerning investment. The E-2 visa demands that the investment made is substantial and that the applicant maintains at least 50% ownership of the enterprise. This visa is an excellent option for startup founders seeking to develop their own startup in the U.S. It allows for a maximum initial stay of up to two years and can be extended as long as the investment continues.
What are the B-1 and B-2 Business and Visitor Visas?
Tech entrepreneurs can leverage the B-1 visa when seeking to engage in short-term business activities, such as consultations with business associates, contract negotiations, or engaging in training sessions. This visa does not permit direct employment in the U.S. but allows for exploring business opportunities and attending relevant conferences.
Conversely, the B-2 visa suits startup founders intending to visit the U.S. for tourism, recreational travel, or medical treatment purposes. It enables individuals to stay for a specific period solely for leisure travel, making it ideal for tech entrepreneurs looking to explore the country, visit family and friends, or undergo medical treatment without engaging in business activities.
Permanent Residence for Startup Founders
At Alcorn Immigration Law, we work with startup founders to secure permanent residence and scale their business within the United States using the following visa options:
- EB-1A: This category is ideal for startup founders who have demonstrated extraordinary ability and prominence in the tech industry.
- 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 global startup founders establishing and expanding their startup operations in San Diego
- EB-2 National Interest Waiver (NIW): The NIW category allows individuals with advanced degrees or exceptional abilities in their field to bypass the cumbersome PERM labor certification process by demonstrating that their work is in the national interest of the United States
Legal Launch™
At Alcorn Immigration Law, we understand the unique challenges that startup founders face. As industry leaders, we strive to share our wisdom and help demystify the immigration process. We created Legal Launch™ to help startup founders assess their qualifications for the fastest visa and green card options in only four weeks, empowering you to move forward with confidence.
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 balance the demands of fast-paced growth. The right attorney can relate to business- and tech-minded entrepreneurs. They will appreciate that you are solution-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
Founded by Sophie Alcorn, a Certified Specialist in Immigration and Nationality Law by the State Bar of California, Alcorn Immigration Law started as an entrepreneurial ambition and has since grown into a successful national law firm. With our first-hand understanding of the founder’s journey, we are uniquely placed to support high-growth founders’ immigration needs throughout the scale-up phase. We accomplish this through our proven, 4-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:
- 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
Navigating the labyrinth of obtaining a U.S. work visa is a tedious process, especially for startup founders who are racing against the clock. At Alcorn Immigration Law, our practice and approach are backed by our own experience. We understand concerns over timing, funding rounds, and scaling, and we work energetically to help founders increase their chances of immigration success to realize their dreams in the United States. To connect with our team of experienced immigration attorneys for startup founders in San Diego, contact our office at +1(855) 546-0015 today.
