H4 EAD to what business visa?

[anjali08]

Hello,

While on H4 EAD, I set-up a startup company couple years ago, with offices here in US and in my home country as well. The company is doing great and I just don't want to loose it because of instability of H4 EAD. So, does anybody know what kind of visa is available for entrepreneurs? Somebody suggested me to invest half a million and go for some EB5, but I don't want to go for it. I employ a lot of people and wanted to know what option is there for somebody in a situation similar to mine.

Thanks

[JoeF]

There is an entrepreneur option for the H1, but I think the current administration may have removed that. It also required to have venture capital and a board of directors that controls the way the company works.

If that'd not available, you would have to stop active involvement with the company if the H4 EAD gets canceled.

Sorry, but the current administration is anti-immigrant. You can only hope for a new President come Jan. 2021.

[anjali08]

Thanks JoeF!

I am assuming you're referring to "International Entrepreneur Parole." Even the DHS website says that it's proposing a rule to end the program. So, I am assuming it hasn't ended yet and applications can still be submitted? Now for requirements, I don't have any funding yet, but yes I have received several awards, recognition & certificates  from local government and state assembly. Mine is not a tech start-up though, but focusses more on Cultural Development - very similar to what some non-profits do, but I run it as for profit. Also, on DHS website it doesn't say anything about board of directors. Regardless, is there any other visa which I could temporarily move to that's meant for such type of activities/organizations?

I saw your reply to the L1 option as well. The one year working abroad requirements is physical or just paperwork? Reason why I am asking is because I consulted a local attorney and that person advised me that as long as I am listed as 50% shareholder of the foreign branch and can show paychecks for last 12 months then that suffice that requirement. However, I was not 100% satisfied with this answer, and just wanted to check if that really is an option here.

 

EDIt: By the way, I just read some of the requirements for EB1 "Extraordinary Ability" and I think I can qualify for 3-4/10 criteria for the the Cultural Development work I do. Now, the question is Can I file that by myself or do I need an employer? 

 

Thanks again!

[JoeF]

This is so specific that you need to talk to a good immigration lawyer. The one you talked to has no clue. For an L1, you need to be abroad, working for the overseas company for at least 1 year in the last 3 years. Working while in the US does not count for the 1 year requirement.