Visas – overview
If relocating to the US is essential to grow your business, getting the right visa will be crucial for success. For some companies, moving to Silicon Valley, or the US, is the only option to succeed. For others, a move is a temporary stage to be closer to Sand Hill Road* until necessary funding is in place, or to set up shop as part of global expansion and to thereafter move on to additional geographies. Regardless, we know that just launching a business as a new immigrant is beyond challenging. We also know that slogging through the maze of which work visa is right for you (and your family?) is a dreary and frustrating process, partly because the US has a complicated, and in my opinion, outdated immigration system. Slow and unpredictable doesn’t rhyme well for tech entrepreneurs eager to rapidly conquer new markets, or eager to obtain the funding required. Whatever your situation may be, the visa process is often a race against the clock.
Not all visits to the US require a visa and most people know about the Visa Waiver Program called ESTA. If you, for example, only want to visit the US for vacation or go on a short business trip, ESTA is likely all you need. Just be sure to return within 90 days. I you want to stay longer, or if you want to do work while in the US, you will need a work visa.
There are two types of visas for the US: immigrant visas and non-immigrant visas. An immigrant visa is permission to immigrate permanently to the US and a non-immigrant visa is issued to a person with permanent residence outside the US, but wishes to be in the US on a temporary basis such as business, temporary work or study. The non-immigrant visas are issued for a set time period and can be issued for a variety of specific purposes. In total there are about 80 different types of visas for the US. Around 30-40 of these 80 are relevant for typical visa applicants. Around 7 of these 30-40 are relevant for startups and entrepreneurs and people who want to join/relocate to a US based company. The purpose of your intended travel, family and employer situation will determine what type of visa is required under US immigration law.
Is the visa process complex? For some yes, it all depends on the nature of your situation. Some visa applications take months to complete and some take days. There are no formal legal requirements to take help from a lawyer and your case can be filed, argued and processed without a formal representative but the risk that you drown in the substantive amount of paperwork needed for your application is quite high. Our advice for the immigrant entrepreneur is to get help from an expert! You don’t want to spend thousands of dollars only to get rejected. There are a ton of immigrations lawyers who are experts in immigration and startup law, who can help you browse through the alternatives to find the right visa fit. One upside is that US immigration law is federal, which means that you only need to consult one lawyer in one state.
But, if you’re not required to have an immigration lawyer helping you with your visa application – why should you consult one? There are two main reasons: strategic advice and reduction of stress.
Strategic advice for you (and your family!)
Advising an immigration lawyer will obviously cost you money but they will also help you decide the best course of action specific to your situation and thoroughly explain your options. A simple one-hour consultation for let’s say 250 dollars, can save you thousands of dollars later in expense if you choose the wrong path. Sometimes there’s more than one possible alternative, and the lawyer can tell you the pros and cons with the different options. Do not let information from friends, relatives, co-workers or random good advice spoil your chances to get your visa in a timely manner. I can’t stress this enough, there might be something in your co-worker’s case that isn’t the same in yours.
If you are to spend any money on legal assistance for an immigration case, it should be at the very beginning – before you choose which visa to apply. You will be best served by telling them every detail about your expectations and wanted working conditions for you AND your family. Also, plan for a longer stay than you initially think is necessary, so you don’t close the door on options. There are many examples where a family has moved to the US with the intent to stay only for a shorter period, and then they end up staying permanently. My own family is one of them, and since we didn’t plan ahead for this situation things got pretty complex when I wanted to start working again after a while. We had to get married, and I had to leave the US, and only after that could I re-apply for a new type of visa (while locked out from the US during the application process!).
Reduce stress and time
You have taken your solution from A to B and all the hurdles there between. You are a clever and capable person. You’re English is good enough to read governmental documents. There are lots of free resources online to help you with your visa application so you should be able to figure out the application process yourself successfully, right? The answer is likely, yes, you can. Regardless of what type of visa you will be applying for, it will all involve following some detailed instructions about gathering and including paperwork and fees. But, the amount of time you need in order to read and prepare. Every. Single. Document. Well, for most people it’s just not worth it. In Sweden, the governmental authorities let you correct any error that you might have in an application or form by sending you a letter confirming the mistake and suggesting you correct it within a certain time frame and you typically won’t lose your queue. In the US, make a mistake in your application and it will be returned, delayed or just rejected. And let’s face it, most people hate to think about “the legal stuff”. An immigration lawyer does this type of work as a living and for the entrepreneur it would take a substantially longer time to complete.
If your company is living on a shoe string, I recommend making up most of the information yourself and gather whatever docs you can. However, don’t assume that a document is not needed so if you’re hesitant, better to add too much information than too little, as long as it’s relevant. And, don’t hesitate to contact a lawyer to discuss the documents you have gathered to make sure you have what is needed, and perhaps also eliminate any potential language barriers to what the equivalent document would be in your native country.
Summary
The visa process is complex, time consuming and risky if you don’t know what you are doing. To make sure you choose the right visa and reduce your stress it is worthwhile to consult a lawyer. It is especially valuable upfront to select the right visa and before submission of your visa application ensure that you have the right documentation. Also, a good immigration attorney maximizes your chances of getting through the process with no or little unnecessary delay.
Last but not least – don’t get discouraged if your visa application is rejected. You’re not the first, or last, person to be rejected, but sticking with the process will likely be worth it.
Separate blog posts will follow focusing on the most relevant visa types.
*Sand Hill Road is where Silicon Valley’s most prestigious venture capital firms are located and has been synonymous with the bundles of cash backing the tech industry.
