Is there a better path to L-1As and STEM O-1As? – TechCrunch

‘I reside 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 “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are important to the unfold of information that enables individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or searching for a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

Pricey Sophie,

I reside in India and run a startup right here, however most of my purchasers are based mostly in the USA. I even have a Delaware C Corp we established earlier than the pandemic. Now we have three full-time contractors doing enterprise growth and gross sales within the U.S., and I nonetheless have a sound 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

Pricey Intrepid,

Now could be the proper time for worldwide startup founders such as you to start out transferring to the USA! Most areas within the U.S. are ending pandemic-related restrictions, and the U.S. authorities is changing 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 yr. Moreover, making use of now will allow you to keep away from probably USCIS price will increase. I coated these thrilling updates and adjustments in a latest podcast episode.

As all the time, I like to recommend you seek the advice of with an skilled immigration lawyer, who can advise you based mostly in your and your loved ones’s particular circumstances and targets. Do you will have a co-founder? Will your partner must work so that you can buy a home within the U.S.? These are essential conversations to have together with your immigration lawyer.

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 essential to contemplate a pathway that allows Premium Processing for a quick adjudication of your underlying petition.

As a result of you will have a B-1/B-2 customer visa — assuming you will 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 also help you save quite a lot of time given the immigration case backlogs.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)

L-1A visa

The L-1A visa for an intracompany transferee govt or supervisor is a good choice for worldwide entrepreneurs. What’s extra, the L-1A presents a path to an EB-1C inexperienced card, and your partner will likely be eligible to use for a piece allow as an L-1A dependent.