Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

Is It Possible to Get a Visa for a Small Start-Up?

Q: When a start-up company is small - perhaps just the one or two founders - does that make it impossible to get a visa?

A:: Not necessarily, but it depends on what visa is being sought and the overall circumstances. In fact, company size will often be a major factor in choosing the right visa.

It certainly doesn't help a case that a company is new and not particularly large. In reviewing an employment-based non-immigrant visa petition, USCIS will look to see whether there is a bona fide (real, legitimate, good faith) job offer - part of which involves determining whether the company filing the petition has any substance to it. USCIS looks to how recently a company was formed, earning history, how many employees, Dun & Bradstreet listing, and other factors which unfairly disadvantage start-ups when trying to determine whether a company is real."

This can be overcome - we may, however, have to show more than another company would show to prove that the company is real and operating. USCIS will want to see more evidence of the company's finances, operations, products or services offered, and other factors.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.