SERVING CLIENTS ACROSS THE U.S. · CROSS-BORDER PERSPECTIVEImmigration · Business · Cross-Border Disputes
LEGAL SERVICES

Immigrant Founder Legal Strategy

Founding a U.S. company on a visa raises questions most startup lawyers do not ask and most immigration lawyers do not answer: can you work for your own company on your current status, can the company sponsor you, and how will the next financing round change the answer? We advise founders on both sides of that line at the same time.

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HOW WE HELP

Where we add value

01

Can you work for your company today?

Holding shares is not the same as performing services. A founder on F-1 OPT, H-1B or a dependent visa needs to know what is permitted before the first line of code is written for the company—not after an investor asks.

02

Which visa or petition fits the founder

O-1 through the founder's own company, L-1 for a new U.S. office of an existing business abroad, H-1B with a properly structured employer relationship, or a self-petitioned NIW or EB-1A for founders with a strong record. We lay out the realistic options and sequence them.

03

Ownership, control and the petition

Immigration rules care about who controls the founder's employment. Board composition, voting agreements and the cap table can make or break an O-1 or H-1B filed by the founder's company; we design them together.

04

Coordinated with corporate, tax and securities advice

Entity choice, 83(b) elections, equity grants and financing terms interact with immigration planning. We work alongside your tax adviser and, where a matter needs it, state-specific corporate counsel.

OUR APPROACH

How we work with founders

01

Map

Understand the founders, their status, the business and the timeline to funding.

02

Sequence

Decide what happens first—entity, petition, financing—so that each step supports the next.

03

Coordinate

Align the corporate documents with the immigration filing and the specialists involved.

COMMON QUESTIONS

Founder questions

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

Does founding a company give me immigration status?+
No. Ownership alone creates no work authorization and no visa. The company can be part of a solution, but a petition still has to be filed and approved.
Should I think about immigration before incorporating?+
Yes. Decisions about where to incorporate, who sits on the board and how shares are held can affect which petitions are available later. Changing them afterward is harder and more expensive.
Can my startup sponsor my H-1B?+
Possibly, if there is a genuine employer-employee relationship—typically meaning someone other than you can hire, fire and supervise your work. That is a structuring question, and the H-1B lottery is a separate hurdle.
THE NEXT STEP

Ready when you are.

Briefly describe your legal needs. We offer a complimentary initial consultation and will discuss the next steps with you.

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