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Options for Founders Migrating from E-2 Visas – TechCrunch

Sophie Alcorn Is the founder of Archon immigration law Winner of the “Law Firm of the Year in California for Entrepreneur Immigration Services” in Silicon Valley and the 2019 Global Law Experts Awards. She connects people with businesses and opportunities that expand their lives.

There is another edition of the advice column “Dear Sophie” that answers immigration-related questions about working for a tech company.

“Your question is essential to disseminating knowledge that enables people around the world to pursue their dreams across national borders,” he says. Sophie Alcorn , Silicon Valley Immigration Lawyer. “Whether you are looking for people’s activities, founders, or jobs in Silicon Valley, I want Answer your question In the next column. “

TechCrunch + members have weekly access to the “Dear Sophie” column. Buy a 1-year or 2-year subscription at 50% off with promo code ALCORN ..

Dear Sophie,

I am the founder of an E-2 visa startup. I am in the process of raising funds, which will eventually reduce the ownership of the company and will not be able to meet the E-2 requirements. What can I think of the following that will allow my spouse to continue working?

— Founder of FinTech

Dear FinTech,

Great question! as you know, E-2 visa For treaty investors, important employees and spouses require that at least half of US business be owned by people or businesses with citizenship in your country. (There are more requirements, but they are basic!).

I recently shared the latest information about my immigrant changes Podcast This affects some options that may be open to you, such as the International Entrepreneur Parole Program and the Green Card. We recommend that you consult an immigration attorney for additional options that meet your goals and timing issues you have. Visa alternative

Most founders consider applying first O-1A Extraordinary ability or H-1B For professionals, dependent O-3 and H-4 spouses are usually not eligible for an immediate work permit.

Many startup founders, especially those who have secured funding from investors, are eligible for O-1A. This is one of the earliest work visas to obtain and has some of the most stringent requirements. However, spouses are not eligible to apply for a work permit based solely on their O-3 status.

Alternatively, if equity is diluted, it may actually be ready for H-1B. This option H-1B random lottery In spring if you pursue Cap exemption H-1B Possible simultaneous employment with a non-profit organization or other qualified organization. How does it work? Having one cap-exempt H-1B means you don’t have to go through the H-1B lottery process. Second, your startup can sponsor the H-1B at the same time and avoid the lottery process. However, your spouse is not eligible to apply for an H-4 work permit until you reach a certain milestone in the green card process.If you currently have E-2 status in the United States, consider applying to USCIS for a status change. Premium processing is available for both O-1A and H-1B petitions. With premium processing, the United States Citizenship and Immigration Services (USCIS) […]

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