Navigating U.S. Immigration for Tech Startup Founders

This is another installment of “Dear Sophie,” a column dedicated to answering immigration questions relevant to those working within the technology sector.

Sophie Alcorn, a Silicon Valley immigration attorney, emphasizes the importance of knowledge sharing to empower individuals globally. She welcomes questions from those in people operations, founders, and job seekers aspiring to work in Silicon Valley for inclusion in future columns.

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Question: Fundraising in Silicon Valley – Visa Considerations

Dear Sophie:

My co-founder and I established a tech startup last year. We are currently seeking funding and are considering a trip to Silicon Valley to connect with venture capitalists.

What is the best way to initiate this process? Furthermore, what visa options are available to us, and how attainable are they?

—Logical in Lagos

Answer: Strategic Approach to U.S. Investment and Visa Options

Dear Logical:

Thank you for reaching out from Lagos, a thriving center for entrepreneurship!

A recent podcast episode featured Esther Tricoche, Director of Investments at Kapor Capital, who shared valuable insights for founders. She highlighted that while accelerator and Series A funding are often accessible in emerging markets like Lagos, pre-seed and seed funding can be more challenging to secure.

The Importance of Silicon Valley for Early-Stage Funding

To accelerate growth, gaining exposure to Silicon Valley investors specializing in pre-seed and seed funding is crucial. Even within the U.S., cities with strong entrepreneurial ecosystems, such as Atlanta, often have fewer investment dollars available compared to Silicon Valley. Investors outside of Silicon Valley also tend to exhibit greater risk aversion.

Therefore, engaging with Silicon Valley investors is advisable. However, it’s important to acknowledge that many U.S. embassies and consulates are currently experiencing limitations in routine visa and green card processing due to the ongoing pandemic.

You can begin requesting virtual meetings now, but visa applications will need to wait until the U.S. consulate in Lagos resumes full operational capacity. I recommend utilizing the Waypoint Embassy and Consulate Directory to monitor visa availability (full disclosure: I serve as an advisor to Waypoint).

Seeking Legal Counsel

I strongly advise consulting with an experienced immigration attorney before initiating the visa application process.

Visa Options for Business Visitors

Once U.S. consular services are fully restored, if you are ineligible for ESTA, you can apply for a B-1 visitor visa for business purposes.

A B-1 visa allows for an initial stay of up to six months, suitable for activities like meeting with potential investors, negotiating contracts, and establishing a new business. However, it explicitly prohibits any form of employment within the U.S. No compensation, present or future, is permitted from a U.S. entity.

Upon arrival at a U.S. airport with a B-1/B-2 visa, clearly communicate to immigration officials that your entry is as a business visitor (B-1), not a tourist (B-2). This distinction is critical.

Potential Complications and Avoiding Missteps

A founder was previously denied an E-2 investor visa because their initial U.S. visit was under a B-2 tourist visa. While in the U.S. on the B-2 visa, they signed an office lease for their business. Years later, immigration officials denied the E-2 petition, despite a $200,000 investment, citing fraud due to conducting business while on a tourist visa. Proceed with caution!

Extending Your Stay and Alternative Options

If a longer stay is required for fundraising, you can apply for a single six-month extension of your B-1 status with USCIS. However, the maximum total stay on a B-1 visa is generally one year. Beyond this, alternative visa options will be necessary.

Unfortunately, Nigeria does not have a trade treaty with the U.S., making the E-2 visa unavailable to you and your co-founder. However, other immigration pathways are available. Refer to my TechCrunch column for an overview of common immigration options for founders.

Resources for Founders

Listen to my podcast episode, “Startup Law with Lindsey Mignano,” recorded during the early stages of the pandemic. Lindsey, a founding partner at Smith Shapourian Mignano, shares her expertise on startup establishment, fundraising strategies, and investor relations.

Prior to visiting Silicon Valley, dedicate time to researching investors, understanding their investment philosophies, and refining your pitch deck. Explore my discussion with Eileen Wu, who advises tech founders on attracting investors by optimizing their narrative. She provides valuable feedback on pitch decks and elevator pitches.

Leveraging Pitch Competitions and Virtual Meetings

Pitch competitions offer a platform to present your startup to numerous potential investors simultaneously. Many competitions have transitioned online, increasing accessibility. Additionally, most investors are currently conducting meetings via Zoom, so proactively email your pitch deck and request virtual meetings.

Wishing you all the best on your startup journey,

Sophie

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Disclaimer

The information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For details regarding the limitations of “Dear Sophie,” please review our full disclaimer. You can contact 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 guest appearances!