costly Sophie: How am i in a place to return to the us as a founder?

right here’s one other version of “costly Sophie,” the suggestion column that options immigration-associated questions on working at expertise corporations.

“Your questions are very important to the unfold of knowledge that permits of us in each place inside the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “whether or not you’re in of us ops, a founder or searching for a job in Silicon Valley, i would want to reply your questions in my subsequent column.”

TechCrunch+ members receive entry to weekly “costly Sophie” columns; use promo code ALCORN to buy a one- or two-yr subscription for 50% off.

costly Sophie,

I lived and labored inside the us on an L-1B for a yr, after which modified to an H-1B for two.5 years earlier than I moved again to India (the place I’m a citizen) and based a startup.

Now i would like to return to the U.S. to enhance funds for my startup. What are my decisions for returning to the U.S. as a founder?

— quick-transferring Founder

costly quick-transferring,

Congratulations on launching your particular person enterprise and making the transfer to leap again to the States to develop your startup and safe buyers! i like to suggest working with an immigration legal professional to get your hands on out basically the solely decisions based mostly in your prolonged-time period goals, as properly as to a agency legal professional to debate basically the solely construction to your startup’s U.S. entity to make it enticing to buyers. Most U.S. buyers choose to pay money for a dad or mum agency based mostly inside the U.S. that’s a Delaware C company.

counting on which non-immigrant visa you pursue, you may presumably preserve away from having to bear an in-particular person consular interview by way of the extreme of this yr because you glided by way of the interview course of to your L-1B intracompany transferee specialised knowledge worker visa. The U.S. division of State prolonged the visa interview waiver program till the extreme of this yr. Consular officers have the discretion to waive the visa interview requirement needless to say work visas simply like the O-1A and H-1B if the beneficiary was beforehand issued a visa and has by no means been refused one. sadly, the interview can not be waived for the L-1 visa.

you have bought a pair of visa decisions to return to the U.S. as a founder, so let’s dive in!

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

picture credit: Joanna Buniak / Sophie Alcorn (opens in a mannequin new window)

B-1 visa

inside the event you’ll like to arrange your startup’s U.S. entity, discover office dwelling, or meet with potential buyers, you may current you the likelihood to do this on a B-1 customer visa for enterprise. The B-1 will allow you to enter the U.S. and preserve for as a lot as six months. however, you can not do any work whereas on a B-1. Your immigration legal professional can inform you what actions are allowed.

everytime you arrive inside the U.S., be ready that the U.S. Customs and Border safety officer on the airport may ask you what enterprise actions you suggest to do all by way of your preserve.

everytime you’re inside the U.S. on a B-1 you may current you the likelihood to change your standing to 1 in all many visas under with out leaving the U.S.


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