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‘I stay in India and run a startup right here, however most of my purchasers are based mostly within the US’

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.
“Your questions are very important to the unfold of data that enables individuals everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or in search of a job in Silicon Valley, I might like to reply your questions in my subsequent column.”
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Expensive Sophie,
I stay in India and run a startup right here, however most of my purchasers are based mostly in america. I even have a Delaware C Corp we established earlier than the pandemic. We’ve three full-time contractors doing enterprise growth and gross sales within the U.S., and I nonetheless have a legitimate B-1/B-2 customer visa.
As my firm continues to develop, I’m contemplating coming to the U.S. with my household and buying a house. What are my finest choices?
—Intrepid in India
Expensive Intrepid,
Now’s the proper time for worldwide startup founders such as you to start out shifting to america! Most areas within the U.S. are ending pandemic-related restrictions, and the U.S. authorities is turning into extra open to immigration for startup founders, significantly these in STEM fields. Some consulates are even waiving visa interviews by way of the tip of this 12 months. Moreover, making use of now will allow you to keep away from seemingly USCIS price will increase. I coated these thrilling updates and adjustments in a latest podcast episode.
As at all times, I like to recommend you seek the advice of with an skilled immigration legal professional, who can advise you based mostly in your and your loved ones’s particular circumstances and targets. Do you might have a co-founder? Will your partner have to work so that you can buy a home within the U.S.? These are necessary conversations to have along with your immigration legal professional.
U.S. Citizenship and Immigration Providers (USCIS) lately reported that their case backlog as of the tip of 2021 surpassed 8 million, so it’s necessary to contemplate a pathway that allows Premium Processing for a quick adjudication of your underlying petition.
As a result of you might have a B-1/B-2 customer visa — assuming you might have by no means been denied a U.S. visa — consular officers have the discretion to waive your in-person interview for an L-1A or O-1A visa at a U.S. embassy or consulate, which may help you save a whole lot of time given the immigration case backlogs.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
L-1A visa
The L-1A visa for an intracompany transferee government or supervisor is a good choice for worldwide entrepreneurs. What’s extra, the L-1A gives a path to an EB-1C inexperienced card, and your partner can be eligible to use for a piece allow as an L-1A dependent.
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