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by LukaAl 3904 days ago
If they are from a "treaty country"[1] they could apply for an E-2[2] investor Visa given that at least 50% of the company is owned by entities from the treaty country (easy at that stage) and you could demonstrate a substantial investment in the company (if you are after the prototype stage shouldn't be a problem for a good visa lawyer).

On your specific question, from feedback of my lawyer, if they have invested (read: spent) more than 100K in the company they are good to go. No requirement on how much you have raised (but obviously at least 100K).

So should't be a problem for a typical YC company.

[1] http://travel.state.gov/content/visas/en/fees/treaty.html

[2] http://www.uscis.gov/working-united-states/temporary-workers...

3 comments

Note that the $100K cannot include salaries to the founders. If you pay yourself $40K, then you would have to have raised $140K to be eligible for the visa.
Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account)

Note that if you have a founding team with mixed US-foreign residency and you have convertible notes involved, you may have to write a convincing letter of explanation to the embassy representative demonstrating why the convertible notes are effectively equity, and how the ownership breakdown would materialize under various "future funding event" scenarios.

> Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account)

My experience on the process is that you have to demonstrate a commitment in the business through the money you spent. When we got the Visa we was in the process of raising our seed round and the money in the bank account were pretty low (but we've already invested).

I've no experience on your point of mixed founding teams but there's something to be considered, when the percentage of ownership from foreign citizen goes under the 50% the E-2 Visa is no more valid. If you are already near the limit and you plan to raise in the US better save money and check other solutions (e.g: H1B, J1, O1).

Anyway, better to have a Visa Lawyer assisting you, the only important information is that there are a lot of opportunity.

> My experience on the process is that you have to demonstrate a commitment in the business through the money you spent. When we got the Visa we was in the process of raising our seed round and the money in the bank account were pretty low (but we've already invested).

Yes, sorry I basically handwaved over this as a given that tangible business commitment spend (office lease, furniture, etc.) is a prerequisite.

Fwiw we had spent only about $50k by the time we got our E2 visas for my cofounders.