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Immigration Issues/Starting a company in the US as a Canadian

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QUESTION: Hi there,

I am Canadian, unmarried and will have a bachelor's in Software Engineering at the end of April. I am wondering if it is possible to start a company in Silicon Valley as a Canadian, without an American co-founder? I am vaguely familiar with the different types of visa having worked in the states before, but I am unsure what legal issues are at play when there is no company to sponsor me if I am the one starting the company. Can the company I start sponsor me?

Thank you for taking the time to help me, I really appreciate it!

Matt

ANSWER: Hi Matt:
As per information provided, the best I can advise is either E2 or E5 visa.  You can check eligibility and requirements at the following web sites:

http://travel.state.gov/visa/temp/types/types_1273.html

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a

http://travel.state.gov/visa/immigrants/types/types_1323.html

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a

Best wishes,
Ajay Singh, Esq.
AJ SINGH LAW
275 North Street, Newburgh, NY 12550
845-784-1500 (Tel.) 646-807-4582 (Fax)
AJASIN@GMAIL.COM

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay,

Thank you very much for getting back to me!! It is very appreciated!

If I understood the visas correctly, they both require a capital investment. Is that correct? As a student, I will not have much money to invest, is there a way around this? Also, I was curious t know if there was any way of accomplishing this with a TN visa?

Thank you again for your time,
Mattieu

Answer
There is no way going around the investment part; however, you may go through the TN visa but would need an employer and must meet other requirements.

http://travel.state.gov/visa/temp/types/types_1274.html#1  

Best wishes,
Ajay Singh, Esq.  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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