Navigating U.S. Immigration for Tech Entrepreneurs: A "Dear Sophie" Column

This is another installment of “Dear Sophie,” a resource dedicated to addressing immigration concerns for those working within the technology sector.

Sophie Alcorn, a Silicon Valley-based immigration lawyer, emphasizes the importance of sharing knowledge to empower individuals globally to achieve their aspirations beyond geographical limitations. She welcomes questions from those in people operations, founders, and job seekers interested in Silicon Valley, with the intention of addressing them in future columns.

Access to weekly “Dear Sophie” columns is available to Extra Crunch members; a 50% discount is offered on one- or two-year subscriptions using the promo code ALCORN.

Dear Sophie,

I recently established my first startup as a female entrepreneur.

As my startup develops and the COVID-19 situation improves, I am planning a trip to the United States to assess the market and connect with potential investors. What visa options would be suitable for this purpose?

—Noteworthy in Nairobi

Dear Noteworthy,

Congratulations on launching your startup! Numerous avenues exist for engaging with the U.S. startup environment, and you can begin exploring these opportunities even before traveling to the United States.

I suggest researching the programs and resources available to entrepreneurs like yourself through U.S. Embassies and Consulates in your home country. I recently had the opportunity to interview Lilly Wahl-Tuco, a foreign service officer with 15 years of experience at the U.S. Department of State, on my podcast.

U.S. State Department Resources for Entrepreneurs

Wahl-Tuco highlighted several State Department resources – including programs, competitions, and grants – offered by U.S. embassies and consulates to support entrepreneurs in the region.

Having served as the first Environment, Science, Technology and Health (ESTH) officer at the U.S. Embassy in Bosnia and Herzegovina in 2015, Wahl-Tuco was responsible for fostering entrepreneurship within the country. After visiting incubators and meeting with numerous entrepreneurs, she discovered a surprising lack of awareness regarding the resources provided by the U.S. government through its embassies.

She advises entrepreneurs to proactively reach out, network, and conduct online research to identify available opportunities within their country, or even explore resources offered by other foreign embassies.

Wahl-Tuco also recommends contacting your local U.S. Embassy directly. For example, you could reach out to the U.S. Embassy in Kenya to discuss your startup and business plan with an ESTH officer, if available, or another relevant staff member. Establishing connections with embassy personnel can unlock valuable opportunities.

State Department Programs and Initiatives

Consider programs like the African Women’s Entrepreneurship Program (AWEP), run by the State Department’s International Visitor Leadership Program (IVLP). AWEP brings approximately 30 African women entrepreneurs to the U.S. for three weeks of professional development, networking with U.S. policymakers, companies, and organizations.

Participants are nominated and selected by U.S. Embassy staff in Africa based on their achievements and potential to strengthen U.S. relations. Additionally, the U.S. Embassy in Kenya provides a Public Diplomacy Small Grants Program to enhance cultural, academic, and professional ties between Kenya and the U.S.

Joining the American Center Nairobi, which offers free membership, can facilitate connections with embassy staff. The center provides access to a library with resources on the United States, business, and entrepreneurship, as well as online research capabilities. Membership also ensures you receive updates on programs and guest speakers.

Be aware of the Global Entrepreneurship Summit, an annual event organized by the State Department, which is expected to be rescheduled following the pandemic. Wahl-Tuco notes that the 2019 summit generated hundreds of thousands of dollars in investment for entrepreneurs worldwide. Furthermore, the State Department’s Global Innovation through Science and Technology (GIST) initiative offers programs such as pitch competitions, startup training, and mentorship.

November is recognized as Global Entrepreneurship Month in the United States, celebrating the innovators who drive the U.S. economy. U.S. embassies and consulates host Global Entrepreneurship Week events during November to inspire entrepreneurship across all backgrounds.

Engaging with these programs and networking with embassy staff could lead to exchange programs sponsored by the State Department, enabling you to visit the U.S. These programs can also strengthen your qualifications for longer-term work visas or permanent residency (green card) applications.

U.S. Visa Options for Business Travel

For a business trip to the United States to meet investors, negotiate contracts, and establish a business, you can apply for a B-1 visitor visa for business. A B-1 visa does not permit you to perform hands-on work for pay within the United States.

If you intend to establish a U.S. office for your startup, the L-1A visa is an option for executives who have worked for at least one year at a company abroad. This visa allows them to work in the U.S. office or establish a new one, and can potentially lead to an EB-1C green card for multinational executives. Refer to this column for an overview of common immigration options for founders.

The International Entrepreneur Rule (IER), representing the closest approximation to a startup visa currently available in the U.S., may be viable once your startup gains momentum and secures investment. The IER was established through an executive order by President Barack Obama following unsuccessful attempts to persuade Congress to create a dedicated startup visa. The rule was finalized near the end of his administration. While the Trump administration attempted to dismantle it, the proper procedures were not followed, and the rule remains in effect.

Currently, no one has received entrepreneur parole (temporary stay) under the rule. I am actively seeking international startup founders to serve as test cases for the IER. Review the rule’s requirements and contact me if you are interested in learning more.

Best regards,

Sophie

Do you have a question for Sophie? Submit it here. We reserve the right to edit submissions for clarity and length.

Please note that the information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For further details regarding the limitations of “Dear Sophie,” please review our complete disclaimer. You can reach Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. She is currently accepting applications for potential guests!