Immigration for the purposes of starting a business

[josh000]

Hi Guys,

I have searched quite thorughly, and apologize if this is an age old question, but I could not find the relevant posts, so perhaps a link would be in order?

If not, my question is as follows: I am an australian citizen, who been to the US 3 times on the VWP. I now have a solid business plan, and wish to go to the US, specifically NY to establish my corporation. My corporation will make jobs for 10 US citizens, but I will not be investing any money into it. All investment is from a VC firm.

I understand if I can not work for the company, but I need to manage it or control it somehow, will owning the majority of the company be enough?

If possible, I would like to avoid the H-1B Visa, because I will lose a lot of time working for another company when I could be establishing mine..it is necessary to establish it in the next few years as a window.

My question then, is there any visa whereby I can come to america, operate my business and work, or is it impossible. Would an alternative like marriage or the dv lottery work, or would I have to be a citizen and not just a resident.

Thankyou for yourpatience and any answers
J

[gwaiyellow]

Josh, what your thinking about is an E visa which is a trade/investment visa. Another possibility could be the L visa. For more information on these visas you can visit visapro.com and see which one tailors to you.

[josh000]

Hi Gwaiyellow,

The problem with the E visa is that it states that I must be the person investing the money. I have nowhere near enough money to be considered for this.

I was just reading about the L1 visa, and it seems the best shot as long as I established the company somewhere else first? Perhaps the E1 visa is also possible?

[josh000]

Actually, the E1 visa will not fit, as I do not meet htese criteria:

control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise only are not considered to be at risk.

and

The international trade between your home country and the U.S. must be ‘substantial' in the sense that there is a sizable and continuing volume of trade. More than 50 per cent of the international trade involved must be between the U.S. and your home country.


The L1 visa seems possible, but it means I must have an established company already in Australia, and I don't know if it would work if I was the only employee.