The optimal visa strategy for a foreign entrepreneur will depend on many factors, such as country of origin, nature of the business, and the current immigration status. This article will touch on two visa categories that can be excellent options for a foreign entrepreneur: the E-2 Treaty Investor visa and the L-1A New Office visa. Each visa category has specific requirements, validity periods, renewability, and intent issues. In addition, while every business is different, each one much satisfy the U.S. government’s prepackaged regulatory definitions to fit into these categories.
The final version of the International Entrepreneurial Rule rule recently issued by the U.S. Citizenship and Immigration Services (USCIS) provides a significant opportunity for those entrepreneurs who do not qualify for trader or investor visas.
You can request a B-2 extension of stay by filing with USCIS. Please note that extensions are not guaranteed, but are granted in cases where compelling reasons and an intent to return home are shown.
The Deferred Action for Childhood Arrivals (DACA) program allows certain undocumented young people who came to the U.S. as children to receive a renewable two-year work permit and offers exemption from deportation.
A new rule recently proposed by the Department of Homeland Security would allow temporary admission of certain international entrepreneurs “whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.”
Successor-in-interest companies may not need to file new labor certification for employees with approved labor certifications; however, a valid successor-in-interest relationship must exist. This can be established through fully describing and documenting the transfer and assumption of the ownership of the predecessor company by the successor company.