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Visa options for software based business

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I am looking for some specific information on visa options that are available for a start up who is currently in H1B visa status and would like to start business based on software products (Internet Based).

The questions are:

1) Is it possible to apply in EB5 category visa, if we have a venture capital backed up with the required investment?

2) Can this business plan or developed software product can be shown as a 3rd supporting evidence to get a EB2 NIW (including 2 other proof)?

3) If the business has good potential and if we can show some market predictions will this be considered for EB1 (or any) category? (I guess not)

All I want to know is if there is a legal option to start a business without jeopardizing the current immigration status.

Appreciate your response here.



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For EB5, the money has to be your money, or, if it is borrowed, the loan would have to be secured with your assets.

VC capital doesn't help with that.

If the current CIR bill passes, there would be some visa for startups in there.

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For EB-5 purposes, the funds must be those of the foreign national investor. Monies invested by other individuals would not count towards the $1 million (or $500k) investment requirement.

For NIW purposes, it likely would be very difficult to successfully file a case for a software start up. You would need to show that this company important to national interests. I suppose if your software was being used to, say, develop a cure for cancer or eliminate traffic congestion, you could make an NIW argument; or, if this was a large company employing a fair number of people across the country, this may make for a decent NIW argument. But, if you're thinking about a small start up developing for local businesses, while this is certainly important, it would likely fail in an NIW filing.

Then again, if you have a real novel idea that gets some press coverage, investments, etc., an EB-1 case may be a possibility. But, that is a very high standard to meet.

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