If you are hoping to start a business in the U.S. as a non-U.S. citizen, you should explore all available avenues with the help of an experienced immigration attorney. At the Law Offices of Sweta Khandelwal in San Jose, you will find knowledgeable legal counsel and practical solutions suited to your unique situation.
Indian and Chinese professionals who are waiting for their green cards under EB-2/EB-3 visa categories to start their own ventures may find it frustrating to wait for years. They should try to see if they qualify instead for EB-1 (priority worker) visas. Foreign entrepreneurs with a demonstrated track record may qualify for EB-1A or even the EB-1C (if they have an overseas business).
What if you have great talent or knowledge and wish to apply that talent to creative, scientific or business purposes in the U.S.? Persons of extraordinary ability (EB-1A) may become permanent residents without undergoing the labor certification process. An offer of employment from a U.S. employer is not necessary. Persons of extraordinary ability may self-petition.
You must be able to demonstrate extraordinary ability in the sciences, arts, business, education or athletics through sustained national or international acclaim. Your achievements must be recognized in your field.
An individual of extraordinary ability is one who belongs to that small percentage who has risen to the very top of the field of endeavor. The eligibility criterion is demanding and extensive documentation is required.
To successfully apply for a national interest waiver, you must show that your proposed endeavor in the U.S. has substantial merit and national importance. If you document that you are well-positioned to pursue an enterprise in the U.S. because of your education, specific skills and record of previous success, this may be your ticket to pursue your entrepreneurial initiative in this country.
At the Law Offices of Sweta Khandelwal in San Jose, you will find capable guidance as you pursue a way to develop your entrepreneurial venture in the U.S. Our principal attorney, Sweta Khandelwal, has helped many clients from diverse fields and many countries to achieve their immigration goals. Call (408) 542-0499, or email us to schedule a confidential and in-depth initial consultation.