How to Found a Company in the United States
Are you an immigrant who is interested in coming to found a start-up here in the US? While the immigration climate in America has been, of late, frustrating, confusing, and frightening, it’s certainly still possible to do just that.
Of course, before you begin you’ll want to make sure you have a viable business idea that will work in America. To that end you might want to look into a short-term visa, at least long enough to make contacts and do market research.
If you’re sure you’re ready to get started, you’ll still need a Visa, but there are several options. The one that’s right for you will depend on a number of factors, including the funds in your bank account and whether or not you’re trying to open up a path to citizenship.
The EB-2 (C)
This is the visa for immigrants who don’t have a ton of cash to invest. It’s a good visa for someone who wants to work as a freelancer, independent contractor, or consultant.
These visas aren’t available to everyone. A Master’s degree is the minimum barrier for entry. If you don’t have a Master’s you have to prove immense talent in your field, and that’s a little subjective. You also have to prove that granting the visa is in the best interests of the United States, also subjective.
You’ll want a lawyer to help you make the case.
The E-2 VISA
If you have at least $100,000 to invest then this is the right visa for you. You have to invest all of it into a new business opened in the US.
This visa is only open to treaty countries, but the list of eligible countries is long. Mexico’s on the list, as are many South and Central American countries. Sadly, neither India nor China are on the list, so immigrants from these nations will need another option.
The EB-5 Visa
If you have $500,000 and are willing to start your business in a rural area then you can invest it into this visa, which will immediately make you a lawful permanent resident of the United States. If you don’t want to live in a rural area, you can get it done for $1 million.
You can do this regardless of your educational background, country of origin, or current employment status. It’s expensive, but it’s worth it.
Some immigrants have made other types of visas work for them while starting their business. For example, you can start a business with the help of investors, hire a board of directors, and have them hire you in on an H1B visa. If you have extraordinary abilities in the arts, sciences, athletics, or in business then you might be able to make a case for an O1 visa.
It’s a good idea to use an attorney anyway, but you’ll definitely need one if you plan to use one of these “workaround” visas.
Contact Hykel Law if you’re looking at opening your new business in Pennsylvania.
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Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.