The High-touch Legal Services® Blog…for Startups!

© 2009-2021 Dana H. Shultz

Can I Get an H-1B Visa Working for My Own Company?

Logo of U.S. Citizenship and Immigration Services, which issues the H-1B visa

I have written about opportunities for foreign entrepreneurs who wish to obtain U.S. work visas. (See Visa Basics for Foreign Entrepreneurs Coming to the U.S., Visa Basics for Foreign Entrepreneurs, Part 2: What Constitutes Work?) This post focuses on a particularly interesting aspect of this issue. It asks whether and how a foreign entrepreneur can form a corporation in the U.S. and, then, obtain an H-1B visa to work for that corporation.

(more…)

Visa Basics for Foreign Entrepreneurs, Part 2: What Constitutes Work?

Seal and tagline for the United States Citizenship and Immigration Services

In Visa Basics for Foreign Entrepreneurs Coming to the U.S., I discussed certain immigration statuses (visa waiver, B-1 and H-1B visas) that permit a non-resident alien to take a passive role in a business (such as forming it) but not to work for it. This post discusses the boundary between permissible passive activities and prohibited work.

(more…)

Visa Basics for Foreign Entrepreneurs Coming to the U.S.

Seal of the US Citizenship and Immigration Services, from wich a work visa may be obtained

Non-immigrant foreign entrepreneurs who want to start businesses in the U.S. often – and rightly – have visa-related concerns. A typical question: “What kind of visa do I need to start my business?”

This post provides a brief answer to that question.

(more…)

Risk and Reward: A Personal Mini-essay

Before starting my law practice five years ago, I provided legal services in-house as VP and Legal Counsel at Visa International Service Association (now Visa, Inc.). Visa was a great place to work, and I considered myself fortunate every day that I worked there.

But now that I am removed from that experience, I realize that Visa and I were not a perfect fit. Financial services are about minimizing risk. I’m not. Although I am not foolhardy, I am willing to weigh risk vs. reward.

That’s why my clients are small, entrepreneurial companies, typically start-up or early-stage. Entrepreneurs balance risk and reward every day, making us a good fit. And that’s why my law practice gives me the greatest professional enjoyment of any position I have ever had. I consider myself even more fortunate, now.