Presented 12/8/2022 This workshop will cover various U.S. visa options for tech professionals, entrepreneurs and investors, including employment-based visas and the best visa options for starting your own company. We will also discuss the different challenges to getting visas to the U.S. and strategies for successfully overcoming these obstacles. We will close with a discussion on what changes we can expect with the Biden administration. The speaker will go over: Visas for exploring business and employment opportunities in the United States Visas for employment and investment, such as the E, H-1B, L-1 and O-1 and the advantages and disadvantages of each An overview of the paths to permanent residence, including employment, family and investment Common obstacles to obtaining a visa and how to overcome these obstacles What to expect from the Biden administration and what that means for you and your visa options and more!

1. U.S. Visa Options
for International
Tech Entrepreneurs,
Investors &
Professionals.
Idea to IPO
December 8, 2022
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2. Overview
1. Visiting for Business
2. Working as an International Student
3. Temporary Employment-Based Visas
4. Avenues for Permanent Residence
5. Common Obstacles to Getting Your Visa
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3. B-1 / ESTA Business Visitors
BUSINESS VISITORS
▪ Cannot work or enter to look for work,
but can look at business opportunities
▪ Can come for six months at a time and
apply at US Consulate
▪ Alternatively, there's the ESTA for up to
90 days, no visa required
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4. Studying in the US (F-1)
WORKING AS AN INTERNATIONAL STUDENTS
▪ Curricular Practical Training (“CPT”)
during school
▪ Optional Practical Training (“OPT”):
▪ One year of work authorization granted at conclusion
of program - must have completed at least one year of
studies at an accredited university.
▪ STEM OPT extension of 24 months**
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5. Temporary
Employment Based
Visas
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6. H-1B Visas for
High-Skilled
Workers
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7. Bachelor’s degree or
equivalent work
experience
Employer-employee
relationship
Higher of actual or
prevailing wage
Government Filing
Fees
Requirements
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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8. Wage Requirements
PREVAILING WAGE
▪ Average salary paid to all
similarly situated employees (i.e.
similar job duties, experience,
education, etc.) in each
geographic region as
determined by the Department
of Labor.
▪ DOL Salary Website
▪ Paid by the employer to US workers
▪ In the same position
▪ At the same work site
▪ With similar experience and
qualifications
REQUIRED WAGE à Higher of the Actual or Prevailing
ACTUAL WAGE
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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9. Prevailing Wage
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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10. Employer-Employee Relationship
USCIS gives specific examples of employment
situations that are acceptable:
TRADITIONAL EMPLOYMENT
The following
scenarios are not
acceptable:
Self-Employed
Beneficiaries
Independent
Contractors
Third-Party
Placement/
"Job-Shop"
TEMPORARY/OCCASIONAL OFF-SITE EMPLOYMENT
LONG-TERM/PERMANENT OFF-SITE EMPLOYMENT
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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11. Employer
Must Pay.
H-1B VISAS FOR HIGH-SKILLED WORKERS:
H-1B Filing Fees
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12. Base filing fee:
$460 Fraud Prevention
and Detection
fee:
▪ $500 to be submitted with the
initial H-1B petition filed on
behalf of each beneficiary by a
petitioner (does not apply to
Chile/Singapore H-1B1 petitions)
American
Competitiveness
and Workforce
Improvement Act
of 1998 fee *
▪ $750 for employers with 1 to
25 full-time equivalent
employees, unless exempt
▪ $1,500 for employers with 26 or
more full-time equivalent
employees, unless exempt
Premium
Processing fee
(Optional):
▪ $2,500 for employers
seeking Premium
Processing Service
Requirements
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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13. H-1B Lottery Registration Process
H-1B VISAS FOR HIGH-SKILLED WORKERS:
USCIS will accept registration
applications in March
USCIS will close the initial
registration period after about
two weeks.
Employers whose registrations
have been selected will be
notified by March 31.
Employers and
their lawyers should
set up registration
accounts prior to
March 1.
USCIS will post on its website the
date employers and their
representatives can set up these
accounts.
March
31, 2022.
They will announce actual end
date of initial registration period
on its website.
March
18, 2022.
March 1,
2022.
A selected employer’s
complete H-1B visa petition will
be due within 90 days of
notification of selection, saving
any employer whose petition is
not selected the time and
expense of preparing a full
petition filing.
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14. H-1B Cap
H-1B
Visa
Lottery:
Last week
of March*
CAP
▪ 65,000 (of which 6,800 are
allocated to nationals of
Singapore and Chile)
• + 20,000 additional visas
allocated to holders of
advanced degrees from U.S.
universities
▪ The Biggest Filers
▪ All Universities are cap exempt
▪ Some research organizations are
cap-exempt
▪ Extension, amendment and
portability petitions are exempt
(have you been counted in the
past and want to recapture
remaining time available?)
CAP EXEMPT
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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15. How Much Can They Work?
▪ Can work full-time or part-time
▪ Can hold dual/concurrent H-1Bs with
multiple employers
▪ Work is tied to sponsoring employer
▪ Cannot work for someone else without
authorization.
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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16. Duration ▪ Six-year maximum (granted in two three-
year increments)
▪ H-1B status can be extended past the six-
year maximum in certain situations.
Dependents ▪ Spouses and children under 21 may join H-
1B worker
▪ Cannot work**
▪ May study
Duration and Dependents
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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17. L-1 Visa for
Intra-company
Transferees
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18. Opening a new
office in the U.S.
that is an affiliate,
subsidiary, or
branch of an
entity abroad.
Coming to work
as an executive/
manager or
worker with
”specialized
knowledge.”
2
Employees are
eligible for
transferring to
the U.S. entity
after working for
one year at the
entity abroad.
3
1
L-1 VISA FOR INTRA-COMPANY TRANSFEREES:
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19. L Visa Details
Filing Fee ▪ $460 Petition Fee
▪ $500 Anti-Fraud fee
▪ Optional $2,500 for premium processing
▪ 5 years max for L-1B specialized
knowledge workers
▪ 7 years max for L-1A for executives/
managers
Dependents
▪ Work authorization available
$960
L-1 VISA FOR INTRA-COMPANY TRANSFEREES:
Duration
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20. J-1 Visa for
Trainees/Interns
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21. J-1 Visa Details
Unpaid internships are seen as employment so visa needed.
J-1 VISA FOR TRAINEES/INTERNS
! Internship (12 months): must be enrolled in
university abroad or have graduated from
university abroad no more than twelve
months before starting internship
! Traineeship (18 months): must have
graduate degree from university abroad
plus one year of related professional
experience or five years of related work
experience abroad.
▪ Must show ties to home country and intent to return home
▪ Increased use of on-site visits.
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22. E Visa for
Treaty Traders
& Investors
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23. E Visa Details
Must be a national of a treaty country (List
of E Countries)
The company must be at least 50% owned
by individuals/entities who/that are
nationals of a treaty country
[E-1] Trade must be significant with the U.S. (at least 50%)
[E-2] Investment must be substantial and for a real, operating enterprise
(not marginal and just for making enough money to live on).
E VISA FOR TREATY TRADERS AND INVESTORS
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24. E Visa Details
Filing Fee $270 at the US Consulate per
applicant
Indefinite in two-year
increments
Work authorization available
$270
E VISA FOR TREATY TRADERS AND INVESTORS
Duration
Dependents
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25. O-1 Visa For
Individuals of
Extraordinary
Ability
O-1 Visa For
Individuals of
Extraordinary
Ability
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26. ▪ Sustained national or international acclaim in the sciences, arts, education, business, or athletics.
▪ Coming to the United States to continue work in the area of extraordinary ability.
▪ Employer specific, but can hold dual O-1s
Duration
3 years at first, renewable in one-year increments
indefinitely
Dependents
O-3 status; no work authorization
O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
O-1 Visa Details
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27. Evidence that the beneficiary has received a major, internationally-recognized award,
such as a Nobel Prize, or evidence of at least (3) three of the following:
Membership in associations that
require outstanding achievements
Important and original contributions
A high salary
Employment in a critical role for
established organizations
Evidentiary Criteria
O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
National or international awards in
your field
Published material about
you or your work
Scholarly articles
Being asked to judge the work of
others in your field
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28. Visas for Specific
Nationals
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29. E-3 Visa for Australian Nationals
Duration 2-year validity; renewable
indefinitely
Dependents Spouses may apply for
employment authorization
▪ High-skilled Worker Visa for Australian citizens only
▪ 10,500 available per year
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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30. TN Visa for Canadians & Mexicans
Duration Three year stay, renewable
indefinitely
Dependents
TD status; no work authorization
▪ Must be nationals of either Canada or Mexico
▪ Coming to U.S. to work in profession listed on NAFTA schedule
▪ No prevailing wage requirement
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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31. H-1B1 Visa for Chileans and Singaporeans
Duration One-year validity;
renewable indefinitely
Dependents Spouses are not eligible for
employment authorization
▪ High-skilled Worker Visa for Chilean and Singaporean nationals only
▪ 5,400 H-1B1 visas for Singaporeans & 1,400 for Chileans
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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32. International
Entrepreneur
Parole
Program
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33. Qualifying Criteria
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
Qualifying Criteria to Show Potential for Rapid Growth
and Job Creation. Applicant must:
Have established a U.S.
start-up business
within five years before
the application for
parole;
Hold an ownership
interest in the
startup of at least
10%;
Play an active and
central role in the
operations of the
business (cannot be
just an investor)
Show proof of
funding.
< 5 Years > 10%
$
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34. How Much Funding is Required?
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
§ The startup must have received a capital investment of
at least $250,000 from qualified US investors;
§ Investors cannot be relatives.
§ The startup must have received $100,000 in grants
and awards from qualifying US federal, state or local
government entities.
Proof of Funding
What is a qualified
investor?
1. Must have made one or
more investments
2. …in at least 3 different
calendar years in the
preceding 5 years
3. …totaling US$ 600K
Alternatively, “additional reliable and compelling
evidence” of rapid growth and job creation can be
submitted if threshold funding amounts cannot be shown.
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35. What is Parole Status?
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
It’s a legal
entry into
the United
States.
It is not a
visa status
(like F-1, H-
1B or O-1).
No direct
path to
permanent
residence.
1 2 3
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36. Filing Procedure and Duration
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
Application
procedures:
§ Form I-941 Application for Entrepreneur Parole
§ $1,285 Filing Fee
§ Must show household income of 400% above
poverty guidelines.
Duration § Initial grant of 2 year
§ 5-year maximum
Household Size Income
2 80,100
3 100,800
4 121,500
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37. Dependents
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
ü Spouses and children under 21 may join
ü Spouse may work (must apply for EAD)
ü May study
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38. Limitations
INTERNATIONAL ENTREPRENEUR PAROLE PROGRAM
No more than three entrepreneurs can be
granted parole per start-up entity
No appeal of denial
Parole status can be revoked at any time if the
startup ceases to operate or ceases to provide a
significant public benefit to the U.S.
3x
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39. Avenues for Permanent Residence
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40. Avenues for Permanent Residence
Employment-Based
Family-Based
Diversity Visa Lottery
Asylum (One-year requirement unless exceptional circumstances)
Investment-Based ($1.01 Million GC)
**Can obtain citizenship five years after obtaining permanent residence; spouses of US
citizens can apply after three years of permanent residence.
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41. Common Obstacles
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42. Limitations
▪ Two-year home residency requirement for J-1s.
▪ Previous overstays of more than 180 days.
▪ Bad Memory:
Fingerprint checks can discover many things and then you could be
charged with wilful misrepresentation.
▪ Criminal Record:
If you have been arrested and/or convicted anywhere in the world, this
will affect processing times and visa eligibility. Also, speak with an
immigration attorney before pleading to any crime in the U.S.
COMMON OBSTACLES
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43. Podcast series: Inside Immigration
16 Episodes.
Covering the different visa categories,
and interviews with government
officials, experts, and clients.
Subscribe on iTunes
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44. Please
stay in
touch!
510.422.2295
nadia@nadiayakooblaw.com
www.nadiayakooblaw.com
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