Stanford, CA asked in Immigration Law for California

Q: What is the status of the startup VISA?

I hear conflicting information on the so-called startup VISA. Some claim you can already apply for it, some say otherwise. http://startupvisa.com/ suggests the latter. Anyone know the answer?

Related Topics:
1 Lawyer Answer
Mr Brian D. Lerner
Mr Brian D. Lerner
Answered
  • Immigration Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Hello:

There is no 'startup visa'. Perhaps you are referring to an initial L-1.

L-1 Intracompany Transferee Visa Petition

An L-1 Visa is one of the nicest working visas as it allows you to run your own business or a business owned by the foreign company. If you have your own business outside the U.S. and have been working there for at least one year, you can come to the U.S. on the L-1 Visa. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved L-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.). A great deal of the success of the L-1 Petition is how it is prepared. Unlike other investment related visas, the investment in the U.S. business could be as low as $10,000U.S. 

My firm can prepare the entire petition. This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted, it could take as little as a couple of months to get approved if premium processing is used. Otherwise, it could take over one year. It cost $1,500 more in fees to do the Premium Processing. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items. 

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.