Corstange Law Group

Immigration for Startups

Immigrant Visas

The following visas lead to permanent resident status (a “green card”). This status never expires, and after holding a green card for five years, a person may apply for US citizenship. For the categories requiring a job offer (most EB2 applications, all EB3 applications, and some EB1 applicants), the employer will have to show that it made a “bona fide” job offer to the US market, meaning it was prepared to offer the job to a qualified US worker. In the context of startups where founders and employees frequently hold equity in the company, it is important to note that holding substantial equity in the company can prevent showing a bona fide job offer. If your company hopes to sponsor a founder or employees for a green card under one of these categories, it is important to discuss the possibility with an immigration lawyer before preparing compensation packages that include substantial equity.

EB1 Green Card for Priority Workers
“Priority workers” in the first employment-based preference include three groups: (1) people of extraordinary ability; (2) outstanding professors and researchers; and (3) transferring executives and managers.Individuals applying under the “extraordinary ability” category may sponsor themselves and do not need an offer of employment, individuals in the second and third categories must be sponsored by an employer offering a permanent job. 

 

EB2 Green Card
The second employment-based category is open to professional holding advanced degrees and to individuals of exceptional ability in the sciences, arts, or business. While an offer of employment in the U.S. is normally required for this category, this requirement may be waived if doing so is deemed to be in the national interest.

 

EB3 Green Card
The third employment-based preference category includes professionals with a bachelor’s degree, “skilled workers” whose jobs require at least two years of training, and “other workers” who perform unskilled labor which is not temporary or seasonal. A permanent job offer from a U.S. employer is required for all individuals in the third preference category.

 

EB5 Investor Green Card
Individuals investing $500,000 in a new job-creating business in a “targeted employment area” (a term covering a wide variety of areas, including major cities) may be able to obtain a green card. Investors initially obtain a temporary green card valid for two years, after which they must apply to receive permanent status by showing that they have maintained the investment and created jobs. Of interest to founders gradually investing in their companies over time is the fact that this investment does not have to be made all at once. If you have invested in your company a number of times over a period of years and your total investment now meets the EB5 threshold, you may be able to apply for an EB5 green card now based on your aggregated past investments.