It is a shame that the new US Startup Visa has been canceled. However, there are many alternatives such as EB-1 Green Card or O-1 Visa. Many startup founders need a visa right now and they are all struggling to get it. Not fair right? When thinking about US startup visa, it is not that great in the first place. You need to have an investment of $250,000 and up. That’s a lot. Many startup founders have the qualification for EB-1 and can get a Green Card right away.
Some US startups founders come on a B-1 Visa to the US and later they extend their B-1 visa to B-2 visa. It’s that easy. Founders arrive on a tourist visa for business and the use the option called “Extension of B-1, B-2 Visa and buy themselves and additional 6 months. In total, that is 12 months that startup founders have in the US. This time is valuable because instead of startup visa they can work hard to find the evidence that would make them qualify for EB-1. The extension of B-1, B-2 visa buys the time to obtain the evidence. This is the good news. There is more bad news
Another Road Block for startup visa in the US is for those Travel Ban Countries.
President Trump has recently announced new travel restrictions for permanent foreign nationals from Chad, Libya, Iran, North Korea, Somalia, Syria, Venezuela, and Yemen. This is a measure that replaced the previous controversial travel ban which expired this past Sunday.
Even if the founder of these countries could qualify for EB-1, today they are not welcomed in the US. This is terrible. Extending their B-1 B-2 visa is an option only if they arrived the US prior to the latest travel ban.
Hearings for the previous travel ban in the U.S. Supreme Court were set to begin on October 18th, however, the Supreme Court canceled oral arguments this past Monday, September 25, because of the new travel ban.
The replacement restrictions will be phased-in beginning next month and the restrictions will differ from country to country. No current validly issued green cards, visas, or travel documents will be revoked in light of the new restrictions.
Furthermore, U.S. consular officers will have the authority to waive the new restrictions on a case by case basis if a foreign national can prove that they do not pose a threat to national security and that denying entry into the U.S. would cause undue hardship.
The new restrictions vary among the following named countries. Immigrants and nonimmigrants from North Korea and Syria are now denied entry. Immigrants and nonimmigrants on certain business and tourist visas from Chad, Yemen, and Libya are now denied entry. Somalian nationals are now denied entry as immigrants but can enter as nonimmigrants through heightened screening and vetting. Entry from Iranian nationals is now suspended, except those with valid student and exchange visas who will be subject to heightened screening and vetting. Lastly, entry of certain Venezuelan government officials and their family members as nonimmigrants for certain business and tourist visas is now suspended.