In previous articles, I wrote about how to register a legal entity, open a bank account, evaluate the value of a startup at an early stage, as well as the valuation methods used by angels and venture funds. Today, let's discuss how to arrive, establish and properly apply for visas and other documents for immigration to the United States.

The hero of many previous articles was the founder of Tesla and SpaceX, Elon Musk. He is a great example this time too. Born in South Africa and raised in Canada, Elon Musk came to the United States on an F-1 student visa to study at the University of Pennsylvania and received a bachelor's degree in physics and economics. F-1 and J-1 student visas are the most common ways to come to the United States, set up a business, or get a job at an American or international company.

The F-1 visa is intended for individuals who wish to continue their academic studies in the United States. This allows international students to enroll in U.S. educational institutions and participate in practical classes related to their field of study. Although the F-1 visa itself does not give direct permission to start a business, it can serve as a basis for future entrepreneurial endeavors.

To obtain an F-1 visa:

1. Applying to a U.S. educational institution approved by the Student and Visitor Exchange Program (SEVP).
2. Receiving an acceptance letter from an educational institution and paying the necessary tuition fees.
3. Make an appointment for a visa interview at the nearest U.S. embassy or consulate.
4. Demonstration of sufficient financial resources to cover the costs of tuition, accommodation and return transportation (including grants and loans).
5. Providing documents confirming the intention to return home after the completion of the program.

The J-1 visa is intended for individuals participating in educational and cultural exchange programs in the United States. Startups can take advantage of the J-1 visa by participating in the J-1 Visitor Exchange Program, which allows participants to gain hands-on experience through internships or training. You can also get a J-1 visa without participating in educational and cultural exchange programs. Restriction: the student cannot pay for the costs of education himself (basically, this type of visa is received by students who have received grants or participate in summer Work and Travel programs).

After completing the study program (or while studying with some restrictions), students with an F-1 visa can apply for a permit for additional practical training (OPT). OPT allows international students to work in the United States for up to 12 months (24 months for STEM degree holders) in a field directly related to their specialty.

To use OPT on a J-1 visa:

1. Applying for OPT through an Authorized School Officer (DSO) at an educational institution.
2. Obtaining a work permit (EAD) document from the U.S. Citizenship and Immigration Services (USCIS).
3. Search for a job in a company or startup in the right field.

The extension of the STEM OPT is a valuable opportunity for students studying natural sciences, technology, Engineering and Mathematics (STEM). This allows them to extend the OPT period for another 24 months, for a total of 36 months of work permit in the United States. STEM extension provides a great opportunity for entrepreneurial endeavors and gaining valuable industry experience.

To be eligible for a STEM OPT extension, a student must:

1. Have a degree in the relevant STEM field from an accredited U.S. educational institution.
2. Guaranteed employment with an employer registered in the E-Verify program.
3. Prepare and submit Form I-765, a Work Permit Application, along with the necessary supporting documentation to USCIS.
4. Comply with the requirements of the training plan and reporting obligations.

The H-1B visa is intended for qualified professionals who are invited to work in the United States. The visa allows foreign specialists to work in the United States for up to three years, with the possibility of extension up to six years. This visa is often used by startups to attract highly qualified employees.

To obtain an H-1B visa:

1. Finding an employer in the USA who is ready to sponsor.
2. Preparing and submitting a petition for H-1B to USCIS.
3. Getting the petition approved and being interviewed at the U.S. Consulate.

The L-1 visa is intended for employees of international companies who are transferred to the American office. The visa allows you to work in the United States for up to seven years (for executives and managers) and up to five years (for employees with special knowledge).

To obtain an L-1 visa:

1. Working for a company outside the United States for at least one year in the last three years.
2. Transfer to the American office of the company.
3. Submitting a petition for an L-1 visa to USCIS.

This visa is similar to the regular H-1B visa, but is intended for employees of educational institutions and research organizations. Quotas for such a visa do not apply, which makes it easier to obtain it.

The EB-1 visa is intended for outstanding specialists in the field of science, art, education, business or sports. The EB-1A category is especially interesting for startups, as it does not require an employer or a job offer.

To obtain an EB-1A visa:

1. Demonstration of outstanding achievements in their field.
2. Preparing and submitting a petition to the USCIS.
3. Getting the petition approved and being interviewed at the U.S. Consulate.

Examples of outstanding achievements include:

●      Receiving major international awards.

●      Publications in major scientific journals.

●      Managing significant projects or organizations.

The EB-2 visa is intended for specialists with academic degrees or outstanding abilities. The EB-2 NIW (National Interest Waiver) category allows you to apply for a visa without an employer if the applicant's activity meets the national interests of the United States.

To obtain an EB-2 NIW visa:

1. Preparing and submitting a petition to the USCIS.
2. A demonstration that the applicant's activities meet the national interests of the United States.
3. Getting the petition approved and being interviewed at the U.S. Consulate.

Examples of activities that meet national interests:

●      The development of technologies that have a significant impact on public health.

●      Research in the field of energy or ecology.

●      Contribution to the economic development of the United States through innovative projects or startups.

The EB-3 visa is intended for qualified professionals, unskilled workers and professionals. This category requires a job offer and employer sponsorship.

To obtain an EB-3 visa:

1. Receiving a job offer from an employer in the USA.
2. Submitting an EB-3 visa petition to USCIS.
3. Getting the petition approved and being interviewed at the U.S. Consulate.

The O-1 visa is intended for individuals with outstanding abilities in the fields of science, art, education, business or sports. This visa is similar to EB-1A, but is intended for temporary stay.

To obtain an O-1 visa:

1. Demonstration of outstanding achievements in their field.
2. Submitting an O-1 visa petition to USCIS.
3. Getting the petition approved and being interviewed at the U.S. Consulate.

Examples of outstanding achievements include:

●      Receiving major international awards.

●      Publications in major scientific journals.

●      Managing significant projects or organizations.

● EB-1A vs O-1: The EB-1A visa is for permanent residence, whereas the O-1 visa is for temporary stay. Both types of visas require a demonstration of outstanding achievements.

● EB-1A vs EB-2 NIW: The EB-1A visa requires a demonstration of outstanding achievements in their field, whereas the EB-2 NIW visa requires proof that the applicant's activities are in the national interest of the United States. EB-1A is suitable for people with exceptional achievements, whereas EB-2 NIW is more flexible and can suitable for those whose work is important to the United States.

1. Plan ahead: The visa application process can take a considerable time, so start planning as early as possible.
2. Consult with immigration lawyers: Professional advice will help you avoid mistakes and speed up the process.
3. Prepare all the necessary documents: Carefully monitor the requirements for documents and ensure that they are fully and correctly prepared.
4. Use different types of visas: Explore all available visa options and choose the one that best suits your needs and circumstances.
5. Contacts: Establish contacts with educational institutions, employers and other organizations that can support your visa application process.

Founders can apply directly for O-1 or EB-1/EB-2 visas, which will take less time. If the founders do not meet the requirements for these immigration visas, they may choose a more traditional path:

Coming to the USA to study (F-1 or J-1 visa):

○      Get an education in the USA.

○      Participate in OPT programs and, if applicable, extend OPT for STEM majors.

Work for a company or startup in the USA:

○      Find a job related to your field of study.

○      Work for a company or startup during the OPT period.

Get sponsorship for the H-1B visa:

○      Find an employer willing to sponsor your H-1B visa.

○      Apply for an H-1B visa and work for the company on this visa.

Applying for a green card:

○      Explore the possibilities of applying for a green card through an employer or on your own.

○      Use the EB-1B, EB-1C, EB-2 (A-B) or EB-3 categories, depending on your qualifications and circumstances.

○      If you have outstanding abilities, consider applying for an EB-1A or EB-2 NIW.

Successfully receive a green card:

○      Follow all instructions and requirements to obtain a green card.

○      After receiving a green card, continue to develop your startup in the USA.

Life hacks:

Community colleges

For those founders who may not be ready for difficult tests yet or cannot afford expensive tuition at US universities, there is an interesting life hack community colleges. Community colleges offer affordable and flexible tuition with the possibility of transferring to top universities in the United States (for example, the University of California (UC) System). Students can start their education at a community college, save on tuition and then transfer to a university in 2+2 programs. This is a great opportunity for foreigners to get a bachelor's degree at a prestigious university, starting their journey with an F-1 visa.

The startup EdBridge, which is a resident of the Silkroad Innovation Hub, is just working to facilitate the admission process of students from all over the world to the best community colleges in the United States. You can get acquainted with their activities and apply to community colleges here: www.edbridge.me

Immigration Lawyer

Another resident of Silkroad Innovation Hub is Alma startup, which is working to simplify immigration to the United States. Alma offers assistance in obtaining visas for talents such as O-1A, O-1B, EB-1A and EB-2 NIW, using the most modern technologies and the best immigration lawyers! Alma removes routine and repetitive tasks from the daily work of lawyers so that lawyers focus on strategic aspects that improve clients' chances of visa approval. You can get acquainted with their activities and get free legal advice here: www.tryalma.ai

This material was prepared within the framework of the Project "Stimulating productive Innovations" with the support of the International Bank for Reconstruction and Development and the Ministry of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan.