• June 2018
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Do Startup Founders/Entrepreneurs Also get EB1 Visa?

It’s a possibility, but not a certainty.

As the previous answer indicates, simply being a founder doesn’t automatically indicate that you are an expert. Sometimes, founders have very little understanding of business and learn as they go (I’m not saying that’s the case here, but just offers a perspective of why it’s not a shoe-in situation). 

One of the main things to keep in mind, is that you have to be able to answer 3 out of 10 of the qualifying questions and also show proof of your answers. The questions include:

  • Have you received any lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor?
  • Are you a member of associations that require outstanding achievements of their members as judged by recognized national or international experts?
  • Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
  • Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization?
  • Have you made original scientific, scholarly or business contributions that are of major significance?
  • Have you authored scholarly articles in professional journals or other major media?
  • Has your work been displayed at artistic exhibitions or showcases?
  • Have you played a leading or critical role for an organization with a distinguished reputation?
  • Have you or will you command a high salary or other remuneration for your services in comparison to others in your field?
  • Have you enjoyed commercial successes in the performing arts?

You also have to be able to prove that you will use your expertise in the US which could possibly be proven by the fact that you are a founder of a business and the assumption would be that you would continue working in that business.

At any rate, you should consult an immigration attorney to make sure that you qualify and that you complete the process appropriately. LawTrades can put you in touch with an immigration lawyer that can answer your specific questions and provide more insight about your qualifying credentials. Check us out and get in touch if you’d like to move forward.

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