THE ENTREPRENEURS IN RESIDENCE (EIR): UNDERSTANDING THE VISA OPTIONS FOR START-UP ENTREPRENEURS

Introduction On Entrepreneurs in Residence (EIR)

If you are a foreign guest and would like to start a new business in America or already started one and would like to come here for a temporary period or even to stay here for good to run it, then there are a number of visas that you can use. These opportunities were put together by the Entrepreneurs in Residence (EIR) program, started by the Department of Homeland Security and White House to help draw new jobs to the US by spurring immigrant entrepreneurs to start businesses. 

The EIR project has three main goals. First, it aims to provide entrepreneurs clear information regarding which type of visa is best for them. Second, it aims to facilitate USCIS processing of immigration cases for entrepreneurs in the rapidly changing business landscape of the day with more ease. Third, it aims to update USCIS policy and procedure to better fit with the reality of doing business. With a US business immigration lawyer, you can benefits from this project. 

A US business immigration lawyer can give you a future-focused view of the US immigration policy to adapt to the needs of the world economy. This will help you achieve your business goals, and make the US continue to draw the world’s best and brightest from everywhere. 

This post explains the visa options available to start up entrepreneurs under the EIR project. 

Visa options for start-up entrepreneur 

The US government has rolled out a few different visa options for startup entrepreneurs under the EIR project. This includes the B-1 business visitor visa, F-1 optional practical training (OPT) visa, and H-1B specialty occupation visa.  

• The B-1 visa. 

It is pretty flexible for business trips and lets entrepreneurs from outside the US set up or grow their businesses in the US. There is also a special version called the “B-1 in lieu of H-1B” for short-term professional workers who provide local services for a limited time, as long as they are getting paid from outside the US. You can know more about this option with the help of a US business immigration lawyer. 

• The F-1 OPT visa. 

This is for students who want to share their ideas and fresh concepts for startup business models. If you have an F-1/OPT visa, you might be able to get an extra 17-month STEM extension after you graduate and later apply for H-1B status with your startup as your sponsor. If you decide to pursue another higher-level degree, you can get another 12 months. Are you a foreign student in the US interested in busines? A US business immigration lawyer can help you consider this option. 

• The H-1B specialty occupation visa. 

This visa let entrepreneurs use the H-1B visa to start a new business, even if they are the owner. This can be a tricky process with a lot of requirements, like proving that your unique role meets the minimum bachelor’s degree requirement and showing that there is a real employer-employee relationship with the startup. 

Once approved, the H-1B visa lets you stay for up to 3 years, with the option to extend in 3-year increments. Learn more about this option by talking with a US business immigration lawyer. 

• L-1A intracompany transferee visa. 

Foreign executives or managers who want to open or move a new affiliate, subsidiary, branch, or parent into the United States are eligible for the L-1A visa. Sole proprietors are included as well. Basically, the visa recipient has to stay in an executive or managerial capacity with subordinates below them who do the day-to-day work. The subordinates may also be independent contractors and consultants. 

Most are unaware that for new start-up and small firms, there is an option “New Office.” This leaves some flexibility for new firms that have not as yet employed anybody but plan to fill managerial jobs with subordinates within the first year. 

You can stay for 3 years initially, or 1 year in the “New Office” category. You can extend every 2 years, with a total maximum stay of 7 years for managers and executives. A US business immigration lawyer can check if you qualify for this option. 

• E-1 and E-2 treaty investor visas. 

These visas are great for foreign entrepreneurs who are US treaty country natives. But there are a few large countries like Brazil, China, India, and Russia that are not included. 

You have to prove that you have significant trade with the US in order to get an E-1 visa. 

For an E-2 visa, you have to have made a significant investment in a company in the United States. Start-up entrepreneurs have to prove that the company will have more revenue than is required to support them in luxury. To obtain the E-2 visa, it would be advisable to hire the services of a US business immigration lawyer who can prepare a good business plan. 

Both E-1 and E-2 visas permit you to remain for 2 years in the first instance, with renewal options in 2-year periods. 

• O-1 extraordinary ability and achievement visa. 

It is for those of extraordinary ability in science, education, business, athletics, or entertainment. You cannot petition for this one on your own, but your sponsor need not be your employer—either an agent, manager, venue, or other is acceptable. 

For business people, their business can petition on their behalf. This visa has no wage requirement like the H-1B does and does allow you to petition for permanent residence, too. This visa is a complicated one, so you will need to seek out legal help from a US business immigration lawyer. 

The O-1 visa provides you with a first residence of not exceeding 3 years, but you can extend it through 1-year increments if you need more time for your project. 

Get help! 

It is really important for a good US business immigration lawyer to get what makes a small business startup special so they can explain to USCIS how the entrepreneur will benefit the US economy. Startups have their own set of challenges, and USCIS tends to take a close look at visa applications linked to small businesses and startups.  

At Gehi and Associates, our lawyers will break down the visa or green card process for you and make the complicated steps easy to understand. Get in touch with us today!