In the digital age, the United States has emerged as a global powerhouse in the information and communication technology sector, attracting IT professionals from around the world. This vibrant market is home to the world’s leading Tech Giants, such as Apple, Google, Amazon, Microsoft, and others, offering a variety of opportunities for IT professionals.
This article will explore how you can become a part of and take advantage of all the benefits and opportunities of the U.S.’s cutting-edge ecosystem for innovation. It will cover visas that are suitable for startups: EB-2NIW, EB-1C, EB-1A immigrant visas, and E-2, L-1, and O-1A visas for swift relocation within a year. You’ll also learn the benefits and requirements of each visa option, helping you make smart decisions on your path to success in the U.S. tech market.
The Biden-Harris Administration is committed to ensuring U.S. leadership in artificial intelligence by investing in the American AI workforce by attracting, training, and retaining the most talented workforce in the world. To capitalize on this thriving environment, many aspiring founders and established businesses alike are seeking the best visa options to launch or relocate their ventures in the U.S. while at the same time securing a Green Card.
EB-2NIW Visa
The EB-2 National Interest Waiver (NIW) visa is a strategic choice for tech entrepreneurs launching or moving startups to the U.S. It allows bypassing the labor certification process by showcasing contributions to the national interest, fostering innovation such as developing groundbreaking technology or solutions that have the potential to benefit the U.S. economy, healthcare, education, or other critical areas, job creation, or addressing critical technological needs like providing solutions for pressing technological challenges faced by the U.S., such as cybersecurity, energy efficiency, or infrastructure development. It’s accessible for entrepreneurs with notable achievements in the tech industry, meaning the accomplishments within the tech industry that demonstrate a significant contribution in the field or to the national interest of the United States.
Seeking legal counsel is advised for a successful application. Immigration attorneys specializing in this area can help identify and emphasize your unique contributions to the U.S. national interest, ensuring your application is strong and compelling. They can guide you through the complex legal requirements and procedures, increasing your chances of a successful outcome.
Find out more about the EB-2 NIW program in this video.
EB-1C Business Visa
Another way to successfully transfer your Tech company to the U.S. is the EB-1C program. It is made for transferring multinational companies or organizations, as well as their affiliated entities, to the United States. The EB-1C category is suitable for multinational companies that want to expand their operations to the U.S. by transferring executives, managers, and specialized knowledge workers to their existing affiliated entities or new U.S. entities.
To be eligible for the EB-1C visa a foreign-based company must have a qualifying relationship with its U.S. entity or affiliated entities. This relationship can be established through various means, such as common ownership, control, or affiliation.
EB-1A Visa for Startups
The EB-1 Executive or Manager Petitions are designed for executive and managerial employees planning to work for a U.S. employer connected to a domestic company through legal ties, like a parent, branch, affiliate, or subsidiary organization. The EB-1 category offers flexibility in sponsorship, as an employer can submit a petition on behalf of the applicant, but it is not necessary to secure a job offer from a U.S. company before applying. Additionally, the category does not require a Labor Certification. The only question that remains to be answered is whether you need to provide a Business Plan to be able to apply for the EB-1A petition or satisfying visa criteria will do. Find out the answer to this in a YouTube video.
Even though all of the visa programs listed above give you a Green Card if approved, it takes more than a year to get them done and approved. For those who don’t have time to wait there is a solution.
Visa options for swift relocation of you and your tech startup to the U.S. in less than a year
E-2 Low Investment Visa
The E-2 visa is an attractive option for tech entrepreneurs establishing or moving their startups to the U.S. It requires a substantial investment of $100 thousand, and the birth country of an applicant must be a member of the E-2 Treaty Agreement.
With flexibility for employee transfers and no strict minimum investment, it offers a renewable status for up to five years. Legal guidance is advised for a smooth application process. The E-2 visa provides a flexible and renewable solution, fostering growth and innovation in the U.S. tech sector.
For more information about the E-2 visa, you can watch this YouTube video. In this video, you will also hear a personal immigration story from a client who has gone through the E-2 visa process.
L-1 Business Visa
The L-1 visa is a strategic choice for tech startups looking to expand or establish a presence in the U.S. It facilitates the transfer of key employees, such as executives or managers, to a U.S. office. This intra-company transfer visa allows tech entrepreneurs to leverage their existing business abroad while fostering growth and innovation in the U.S. tech landscape.
L-1 visa, often referred to as the younger sister of the EB-1C visa, offers a smaller-scale alternative for multinational companies seeking to transfer skilled workers to their affiliated businesses in the United States. L-1 visa is generally valid for up to seven years, with extensions available indefinitely. This visa doesn’t grant you a Green Card, BUT once in the U.S., you can adjust your status to EB-1C.
O-1A Talent Visa for Businesses
The same thing applies to the O-1 talent visa. In case you are short on time, you can enter the U.S. on an O-1 visa and then adjust your status to the EB-1A Green Card.
The O-1A visa is designed for individuals with extraordinary ability in the fields of business, science, education, athletics, or arts, who can make a significant contribution to the U.S. economy or cultural life. This visa is one of the quickest ways to the U.S. compared with others. Not to mention that eligibility criteria are not so stringent which again will eventually save you time on preparing your visa petition.
To qualify for an O-1A visa, you’ll need to show your extraordinary ability by meeting at least three out of eight specific criteria. To learn more about visa criteria for startups, watch this video.
In case you plan to invest big in your U.S.-based company
For such cases, the EB-5 visa is tailored for investors, entrepreneurs, and crypto-investors. The key qualification for the EB-5 visa is an investment starting at $1,050,000 in a personal project (active investment) or $800,000 in a project associated with U.S. regional centers (passive investment). Learn about visa criteria by watching this video.
When applying for a U.S. visa, it’s crucial to have an experienced attorney by your side.
No doubt you can try to collect the documents yourself but you’re risking big time as you might get something completely wrong resulting in your visa denial. With the assistance of an experienced business immigration and corporate attorney from a highly specialized immigration law corporation, on the other hand, you can significantly boost your chances of getting your visa approved.
Immigration laws and procedures can be complex and ever-changing. An experienced attorney has in-depth knowledge of the intricacies of the system, keeping up-to-date with the latest developments, and thus guiding you to the best possible outcome!
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