Guide to starting a US company as an international founder. Here...
Deedy@deedydas
26 views
Nov 24, 2024
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Guide to starting a US company as an international founder.
Here are ALL your options:
—O-1A /EB-1A visa
—International Entrepreneur Rule
—H-4, dependent on your spouse
—US citizen cofounder with transition timeline
—E-2 Treaty investor (not Indian / Chinese)
—EB-5 investor
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Here are ALL your options:
—O-1A /EB-1A visa
—International Entrepreneur Rule
—H-4, dependent on your spouse
—US citizen cofounder with transition timeline
—E-2 Treaty investor (not Indian / Chinese)
—EB-5 investor
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O-1A/EB-1A visa
- For founders with "extraordinary ability"
- Need press, awards, high salary, patents
- Can own & operate your company
- Start building evidence NOW
- EB-1A = permanent version (green card)
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- For founders with "extraordinary ability"
- Need press, awards, high salary, patents
- Can own & operate your company
- Start building evidence NOW
- EB-1A = permanent version (green card)
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International Entrepreneur Rule (IER)
- Need $264K+ from qualified US investors
- OR $105K+ in govt grants
- Must own 10%+ of startup
- 2.5 years + 2.5 year extension
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- Need $264K+ from qualified US investors
- OR $105K+ in govt grants
- Must own 10%+ of startup
- 2.5 years + 2.5 year extension
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H-4 EAD (Dependent Work Authorization)
- For spouses of H-1B holders with green card process
- Full work authorization
- Can operate company
- BUT depends on spouse maintaining status
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- For spouses of H-1B holders with green card process
- Full work authorization
- Can operate company
- BUT depends on spouse maintaining status
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US Citizen Co-founder Path
1. They operate initially (51%+)
2. You maintain minority stake + advisor role
3. Transition control as you get work auth
4. Can be on H-1B or keep concurrent cap-exempt H-1B for safety
Critical: Clear agreements + control docs
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1. They operate initially (51%+)
2. You maintain minority stake + advisor role
3. Transition control as you get work auth
4. Can be on H-1B or keep concurrent cap-exempt H-1B for safety
Critical: Clear agreements + control docs
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E-2 Treaty Investor
- Must be from treaty country (not India/China)
- "Substantial" investment ($100K+ typical)
- Must own 50%+ of company
- Renewable indefinitely
- Faster processing than most options
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- Must be from treaty country (not India/China)
- "Substantial" investment ($100K+ typical)
- Must own 50%+ of company
- Renewable indefinitely
- Faster processing than most options
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EB-5 ($800K-$1.05M investment)
- Direct path to green card
- Full business control
- Create 10+ US jobs
- Faster option if capital available
- No country caps except China
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- Direct path to green card
- Full business control
- Create 10+ US jobs
- Faster option if capital available
- No country caps except China
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Key Tips for all paths:
- Start gathering evidence early
- Document EVERYTHING
- Get immigration counsel first
- Build network/advisory board
- Consider future transition plans
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- Start gathering evidence early
- Document EVERYTHING
- Get immigration counsel first
- Build network/advisory board
- Consider future transition plans
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Many billion-dollar companies were started by immigrant founders who navigated these exact paths.
Complex but doable with planning.
This is not legal advice. Always consult an immigration attorney.
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Complex but doable with planning.
This is not legal advice. Always consult an immigration attorney.
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