Entrepreneurs and Business Start-ups

H-1B Cap: Is the Senate’s Approach Sufficient?

The recently released Senate immigration bill (S. 744) seems to somewhat understand the need for increased H-1B visa numbers but does not go far enough. As occurred this year, the cap of 65,000 (plus 20,000 for Masters degree individuals) H-1B visas was used up in a frustratingly short period of time. Within the first week… Read more »


What Visas are Available For Start-up Entrepreneurs and Investors?

What type of visa is available to me as an entrepreneur or start-up? This is a question that I deal with on a weekly if not a daily basis in my practice. In many instances individuals I speak with may already be in the U.S., on a visa such as an H-1B, F-1, OPT, or… Read more »


E-2 Visa—How much do I need to invest?

Our E-2 visa immigration clients often as this question during the initial E-2 visa consultation. As the E-2 treaty investor visa is premised on an individual entering the U.S. or being transfered to the U.S. to operate or work with a business that was established via capital investment this is a valid and worthwhile question… Read more »


E-2 visa holders: Does it matter how much money I earn

In some ways it does. When applying for your E-2 visa the immigration service or consular officer abroad will consider whether the E visa business will be able to support you and other employees. More particularly there is a question of marginality of the E2 enterprise. This marginality refers to whether the E visa business… Read more »


E-2 Visa Capital Investment Issues

The E-2 visa is a great U.S. visa option for those from particular treaty countries. As an immigration lawyer who works with E-2 visas I can state that this visa option is often a great immigration opportunity for entrepreneurs. The E-2 visa compared to the EB-5 investor based green card generally requires a far smaller… Read more »


H-1B Entrepreneur Visa Pathway Clarified at USCIS Portal

USCIS has partially clarified the pathway for entrepreneurs to surmount the employer-employee relationship barrier that owners/founders face Ever since the infamous Neufeld memo was released in January, 2010 restricting the definition of the employer-employee relationship in the H-1B context, USCIS has been making life in the U.S. almost impossible for entrepreneurs seeking to apply their… Read more »


Immigrant Entrepreneurs Helped by New Portal

Entrepreneur in Residence Program offers glimmer of hope to foreign national entrepreneurs seeking permanent residence We have received several inquiries and previously blogged about the USCIS Entrepreneurs in Residence (EIR) program and what impact it might have on foreign national entrepreneurs seeking a green card through investment. The EIR initiative was first announced on October… Read more »


National Interest Waiver for Entrepreneurs: Uncharted Waters

National Interest Waiver (NIW) for computer engineer will test USCIS commitment to entrepreneurs We are excited to have been retained to file our first NIW for a computer engineering entrepreneur. The company is a small computer engineering company in the Mid-West established by a husband and wife computer engineering team from Luxembourg. They had a… Read more »


Entrepreneurs Not Well Understood at USCIS

What USCIS needs to learn about entrepreneurs to do a better job On February 22, 2012, USCIS Director Mayorkas hosted an Information Summit at the NASA Research Park in Moffett Field, California to launch the USCIS Entrepreneurs in Residence initiative. The goal of the Entrepreneurs in Residence program is to create a Tactical Team comprised… Read more »


Entrepreneurs From Israel get a Boost from Congress

Congressional action to support E-2 visa status for Israeli nationals moves immigration policy for entrepreneurs in the right direction The E-2 treaty investor visa is one way current immigration law allows for foreign investment in the U.S. by nationals of treaty countries. As we have been blogging, it is a no-brainer – the U.S. needs… Read more »