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Here’s one more version of “Dear Sophie,” the guidance column that addresses immigration-related concerns regarding operating at innovation firms.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” states Sophie Alcorn, a Silicon Valley migration lawyer. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

TechCrunch+ participants get accessibility to once a week “Dear Sophie” columns; usage coupon code ALCORN to acquire a one- or two-year registration for 50% off.

Dear Sophie,

We co-founded a start-up in Colombia, and we’re thinking of opening up a sales workplace in the UNITED STATE! I would certainly be relocating, and my founder will certainly remain to run our design group fromColombia

I’m presently taking into consideration both the E-2 capitalist and L-1A exec visas. What are the pros and cons of each?

— Courageous Colombian

Dear Courageous,

What an amazing time and chance for you and your group! Congratulations on your united state development and for all the development that obtained you to this phase. These visas are 2 excellent choices for start-up creators to transfer to the United States to increase their organizations.

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Let me begin by providing a review of both the E-2 visa for treaty financiers and the L-1A visa for intracompany transferee execs and supervisors. The visa applications for both are greatly inspected by migration authorities, so I suggest collaborating with a migration lawyer to provide a solid situation.

E-2 visa

The E-2 visa offers a wonderful choice for global creators whose residence nation has a profession and business treaty with the UNITED STATE The UNITED STATE Department of State preservesa list of treaty countries Colombia and greater than 75 nations, consisting of Pakistan and Taiwan, are on the checklist, yet various other nations such as China and India do not presently have the requisite treaties in position. The E-2 makes it possible for global creators to live and operate in the United States while spending significant resources to develop a service below.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak/ Sophie Alcorn (opens in a new window)

For an owner to get an E-2 visa as a financier or crucial worker, at the very least fifty percent of the united state company should be had by individuals or firms from your nation of citizenship. This can obtain made complex for start-ups after a number of rounds of dilution from united state financiers. However, if you are creating a subsidiary of an already-profitable Colombian company and not preparing to elevate VC resources in the UNITED STATE, that could not be a huge bargain for you. Talk to a legal representative regarding your worldwide company framework and your fundraising prepares to verify.

Although the E-2 needs do not define a specific minimum quantity of resources that should be spent right into the united state entity, migration policemans search for big, ahead of time financial investments in workplace, devices, and stock, normally in the $100,000 array. Receiving a pre-seed or Series A round in the united state or one more nation can assist improve this part of your situation, yet it’s not definitely required. Some creators have actually prospered in getting an E-2 with also a transfer of valued copyright to their united state business.

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While the E-2 does not need a united state company to develop tasks in the future, migration authorities might consider it to be limited without work development, which would certainly not bode well for E-2 authorization. Already having united state workers or having a service strategy that consists of employing in the united state can help in the authorization of your E-2.

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