Hi guys,<p>I'm working on a project and I'm raising about $ 100k from some friends and angels(some are based in US)<p>I'm a european citizen and some investors want that I move to silicon valley(and I'm ok with that), but how can I legally do ? what visa options do I have ?<p>I've heard of E-2 Visa[1] but I don't have any money in cash that I can invest into my business.<p>I know that i should hear a lawyer but I want first understand what my options are(and if I can use my startup IP as asset)<p>How do you have done ?<p>Thank you.<p>[1] https://en.wikipedia.org/wiki/E-2_visa
I'm a European founder as well. You certainly have extra options with your status; however, one option you seem to be dismissing is simply <i>not</i> to move.<p>Silicon Valley is extremely expensive. You'll burn through a large chunk of your $100k on moving costs and rent and waste a ton of time -- Changing your home continent takes several weeks of preparation and can take several more weeks of toll in energy and post-move management).<p>IMHO, from your post it doesn't sound like you have the cash to afford this <i>and</i> found your startup. Don't do it; you don't have to, that'll give you a huge advantage.
I have read the many fine suggestions and comments to this thread.<p>If I were in this situation I would approach it from a somewhat different angle. Taking three steps:<p>1. Stay where you are and use the funding to create a demonstrable MVP.<p>2. Once the MVP is ready for demonstrations, then visit SV/USA on a B1 visa. Conduct the meetings, demo the MVP AND negotiate next round funding. As required for a B1 do not actually work on the product whilst in the USA.<p>3. Assuming you get $2m+ for round 2, then you return home, get the appropriate visa lined up and then make the move. While waiting for the wheels of bureaucrazy to grind by, you would do further work on your product.<p>As many comments suggest, $100k won't last long in SV. Immigration legal services don't come cheap either. Immigration process takes a long time to complete appropriately. You will waste a lot of time and money relocating. If you don't get a substantial second round of funding you will have to pack up and go back to EU.
I'm also a European founder who initially came out to Berkeley for school. Before my student visa expired I put together an E-2 application that ultimately got denied. It's a complex visa that requires a lot of documentation, so highly recommend you get an experienced immigration lawyer who can guide you through the process, understands the business side of things and can help you avoid any pitfalls. Some things to consider for the E-2 from my experience:<p>- You need to own >50% of the company at the time of application or if you have co-founders from the same country, collectively you need to own >50%.<p>- You do need to invest your own money in the company - there isn't a defined amount but your company needs to have a plausible path to financial sustainability, generating profits and ideally hiring US workers. Like you say, IP can count toward this investment. I invested my savings in the company, but they weren't convinced it was irrevocably committed because most of it hadn't been spent (!)<p>- If you're investing money, make sure you show where the money came from and how it was earned (in my case, some was gifted by family through inheritance and it got super messy especially as we hadn't been clear from the outset)<p>- The E-2 is time limited and doesn't have a path to residence - meaning it is either issued for a 2 or 5 year period and has to be renewed. At renewal you'll need to show that your company is still going strong, otherwise it could be denied. You'll need to find other options for a Green Card / Citizenship.<p>- You can apply in your home country or in the US as a change of status. Better to apply in your country as this gives you a physical visa that allows you to come and go. If you only have a change of status, if you leave you'll have to apply for the E-2 in your home country all over again.<p>- US Embassies in different countries have slightly different approaches around the E-2 or requirements in how the documents are filed. Take a close look at their website and ideally get a lawyer who is familiar with the embassy that you intend to apply through.<p>Get some good advice, most lawyers will give you a short initial consultation for free. Avvo.com was a life-saver. Peter Roberts who advises a lot of YC companies is also highly recommended.<p>Thankfully my wife ended up getting us green cards through her own employment... I think there's some truth to the other comment about not moving. Living costs are very high in the SF Bay Area, talent comes at a premium and it's increasingly difficult for smaller startups to recruit great people.
Have you considered O-1 visa?<p>It sounds intimidating, but many of the requirements are rather easy, i.e. "international prize" can mean getting an app in App Store or Google Play selections, "being a member of professional organizations" can be having an account on Dribbble or Scoutzie, publications online count as "having media publications", etc.
I haven't done it, but you can get a B1 visa which gives you 6 months entry into the United States. <a href="http://www.ustraveldocs.com/au/au-niv-typeb1b2.asp" rel="nofollow">http://www.ustraveldocs.com/au/au-niv-typeb1b2.asp</a><p>This gives you some time to figure out if Silicon Valley is the right move for you, and to help you grow your business in the US. However, it is a temporary visa, so the expectation is that you would return to the EU after it expires. I'm sure many people use the 6 months to find a way to stay in the US.
> I'm working on a project and I'm raising about $ 100k from some friends and angels(some are based in US)<p>The question is, why do they want you to move? Do you really have to? If so, you'll probably have to change your strategy.<p>If the investors want you to move so much, get them to foot your extra expenses, or at the very least your rental bills (so, additional funding). Otherwise you'll burn through your runway way too quickly.<p>I do think the runway analogy is a very apt one. Except that, in Silicon Valley, the runway is made out of acid.
have you considered just coming illegally and dealing with this later? SF is a sanctuary city.<p>"SF declared itself a sanctuary city in 1989, and city officials strengthened the stance in 2013 with its 'Due Process for All' ordinance. The law declared local authorities could not hold immigrants for immigration officials if they had no violent felonies on their records and did not currently face charges.""<p>Also in January 2017 a bill was proposed in the California State Legislature to make California a "sanctuary state."