Immigration Issues/Visa

Advertisement


Question
Hi,

I'm studying in the UK.
I have an idea which has good commercial value. I want to execute this in the USA. At present, I'm searching for funding and that is the reason I have plans to visit the United States in the month of March in order to meet few venture capitalists during the Easter holidays.  I have following questions.

What kind of visa I should opt out for?
Is there any minimum investment figure for foreigners wanting to start a business in the United States?

I would be highly grateful if I can get some information on this.

Regards
Sandeep

Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Sandeep,

Glad to hear that you are innovating!!  Unfortunately, if the investment funds are not your own, but from venture capitalists, then you would be eligible for the E-2 investor's visa.  The E-2 also depends on your country of nationality, so not all investors are eligible for E-2 even if the monies invested are their own!  In general, there is no minimal requirement for an investor's visa, but the USCIS and the US Embassies abroad are very careful to review the investor's business plan, forecasted income, etc.  

My law partner, J Craig Fong teaches courses here in Los Angeles to immigration attorneys on investor visas.  He would probably tell you this:

E visa applications can be extraordinarily complex.  There is always a significant amount of paperwork, but in the end, the most important issues are (1) demonstrating that you are the owner of the company, (2) that a substantial investment has been made in a viable business which you are coming to direct and develop, and (3) that the money used to create your enterprise was money that was honestly and legally obtained.

For your situation, since the funds do not sound like they are coming from you personally, you could possibly look into an H-1B and be a professional employee of the company that you are helping to start.  Self-sponsored H-1Bs are not favored by USCIS and if you choose this route, you should consult with a qualified immigration attorney who focuses on H-1B applications and who, obviously would have years of experience in the field.

Good luck!

Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

©2016 About.com. All rights reserved.