Startup companies based in the U.S. seeking international talent have one major hurdle to clear: visas. “Post-graduate international students have emerged as the leading source of talent for startups as nearly one-third of all international students … are enrolled in STEM [science, technology, engineering and math] degree programs at U.S. universities,” according to Roy Barquet of Foley & Lardner in a recent post.
Barquet has some tips for navigating the complex world of employment-based visas as they relate to startup companies:
- Timing: Depending on the visa category, timing can make all the difference. H-1B visas have a rigid window, requiring companies to file documents on April 1 for employment beginning Oct. 1, says Barquet. L-1 visas can be filed at any time, but the foreign national has to work at an affiliate of the U.S. company for one year prior to being transferred to the U.S., and if there is no affiliate, this visa is not an option.
- Owner as Employee: Visas for the owner of the startup to work as an employee are difficult to come by. The H-1B prohibits this, and the L-1 requires such employment to be temporary, says Barquet.
- Administration: Barquet warns that regardless of the type of visa sought, companies often are required to prove the person won’t be performing administrative functions, which he says is difficult in a startup environment.
