Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is very important before your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is highly critical to be knowledgeable about the US business structures to guarantee your company's safety and success in the long run. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS)](https://www.irs.gov/forms-pubs/about-form-2553). 

In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step.

Recommended reading: [Starting Your Business in the USA](https://www.grapelaw.com/2021/05/31/starting-your-business-in-the-usa/)   

## What Are S Corporations?
 
S corporations are among the most popular company types in the U.S., particularly amongst start-up entities. This is primarily thanks to S corporations enabling shareholders to avoid double taxation. Double taxation designates that “Shareholders of S corporations report the flow-through of income and losses on their tax returns and are assessed tax at their tax rates” instead of taxing both corporate and individual incomes. This leads many starting business individuals to choose S corp as it proves cost-efficient and more financially sustainable.  

S corps also have limited liability protection that shields shareholders from personal liability of the company’s debts, protecting them from the potential loss of private possessions or savings. However, qualification for S corporation status comes with various detailed requirements that make the foundation process challenging.  

## What Are the Requirements for S Corporation Qualification? 

Primary requirements for S corporation qualification are: 

- The corporation must be a domestic entity.  
- Partnerships, corporations, and non-residents can’t be shareholders.   
- The corporation can’t have more than 100 shareholders.   
- Stocks owned by shareholders can only be one type.   
- The corporation mustn’t be an ineligible organization such as banks, insurance companies, domestic, international sales corporations, etc.  

## What is the Process of Starting S Corporations? 

Starting S corporations has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. However, the most crucial fact to remember is that S corps are not business structures like C corporations or LLCs are, but tax statuses that allow additional benefits like single taxation and limited liability protection. In that regard, you must first form a C corporation or LLC and only then switch to S status.  
 
Here below, we specified three essential steps that you must take to start your S corporation:

- Naming your LLC or C Corporation and selecting a unique trademark 
- Registering the business and filing the articles of organization 
- Obtaining an [Employer Identification Number (EIN)](https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers) and filing the [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) 

### Naming Your LLC or C Corporation

Selecting your business name means deciding on the representation of your brand identity. Hence, it is critical that you choose a name that will become an embodiment of your products and services. In that regard, you need to ensure that your business name and trademark are unique to your brand and can’t be mistaken for any other companies’ names or trademarks. Use IRS’s [Trademark Electronic Search System](https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk) to help you with this process. 

### Registering the Business and Filing the Articles of Organization

Business registration makes your company a legal entity that will conduct lawful business operations. For your LLC or C corporation, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or which (RAs can be companies too) will receive official papers and legal documents on behalf of your company](https://www.sba.gov/business-guide/launch-your-business/register-your-business). You will register your business with the state by filing certain required documents such as **articles of organization and company operating agreement.**

- Article of the organization is a document that makes a broad definition of your company’s operational basics.   
- The operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles  

It is necessary to note that not all states require you to file an operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business.   

### Obtaining EIN and Filing the Form 2553

An Employer Identification Number is a fundamental step in starting a company in the United States. This is because EINs will enable you to pay your required federal and state taxes, open a business bank account and apply for business licenses and permits, all critical next steps necessary for business formation. Lastly, while applying for EIN, you’ll be directed to Form 2553, the Election by a Small Business Form, which you’ll use to establish S corp tax status. 
 
Forming S corporations is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All three stages require exhaustive legal research and meticulous road planning for a smooth and risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation.  

Please do not hesitate to contact and reach us via **info@grapelaw.com** or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!
 

The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS). In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step. 

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How to Start S Corporations in the US | Grape Law

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is extremely critical to be knowledgeable about the US business structures to guarantee your company's safety and success eventually. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by Internal Revenue Service (IRS). In this writing, we will be exploring LLCs and, step by step, the process of forming an LLC company in the US. 

## What is a Limited Liability Company ?

LLC is one of the newest company types in the US, with various personal benefits and tax advantages. LLC offers its owners or board members the personal liability exemption, which protects owners’ or board members’ personal assets from confiscation in case of bankruptcy or lawsuits. LLCs are also exempt from double taxation. This means that LLCs do not pay corporate taxes, but instead, their owners or board members are individually taxed via their share of profits of LLCs’ total income. Hence, LLCs might be a fit choice for individuals with substantial personal assets that they want to protect and/or want to pay less tax rate than a **“C type”** company. 

## What is the Process of Forming an LLC ?
 
The process of forming an LLC has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. Here below, we specified seven steps that you must take to form your LLC:

- Selection of business location
- Selection of business name
- Registration of business 
- Obtaining federal and state tax IDs 
- Application for licenses and permits 
- Opening a business bank account 

### Selection of Business Location

The state and local area where your LLC will be formed is essential. Selecting the LLC location depends on several factors, and each factor’s importance should and will be weighed according to your business aspirations and preferences. But there are expected costs/benefits points you should consider while deciding on your business location.
 
Business expenses are unique to specific areas that might adversely impact your business inception and short-term growth. These might be state-wide or locally governed regulations or related to the economic conditions of states and local areas. Government-regulated expenses can be minimum wage laws, standard salaries, tax requirements, and the costs of government licenses and fees. Region-specific business expenses as results of locations’ economic conjuncture are expenses such as rental rates, property values, utilities, etc. In that regard, making a well-thought articulation of the costs/benefits of your business’ location is fundamental for a successful financial venture. 

### Selection of Business Name
 
Selecting your business name means deciding on the representation of your brand identity. Hence, it is crucial that you choose a name that will become an embodiment of your products and services. Though the rules regulating naming an LLC differ from state to state, there are common ones that apply to all states. Generally, your business name must end with LLC or its alternatives, such as Limited Liability Company or Limited Company. The selected business name cannot be the same as the name of other already established LLCs. 

### Registration of Business
 
Business registration makes your company legal to conduct lawful business operations. For your LLC, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or who (RAs can be companies too) will receive official papers and legal documents on behalf of your company.](https://www.sba.gov/business-guide/launch-your-business/register-your-business) You will register your business with the state by filing certain required documents such as articles of organization and LLC operating agreement. 

- The article of the organization is a document that makes a broad definition of your LLCs operational basics. 
- LLC operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles
 
It is necessary to note that not all states require you to file an LLC operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business. 

### Obtaining Federal and State Tax IDs

Federal and State tax ID numbers, or Employer Identification Number (EIN), will enable you to pay your required federal and State taxes, open a business bank account and apply for business licenses and permits. On the other hand, it is essential to mention that not all states [have income or employment tax](https://www.irs.com/en/articles/state-income-tax-vs-federal-income-tax) with which LLCs are taxed at the state level. Therefore, you should research the company taxation rules that your company’s State has and proceed with your State Tax ID application accordingly. 

### Application for Licenses and Permits

Depending on the business sector in which your company operates, you will need to have specific federal & state licenses or permits to conduct your business operations. 

Federal licenses and permits are required if a US federal agency regulates your business activities. See if your [company’s business activities](https://www.sba.gov/business-guide/launch-your-business/apply-licenses-permits) are needed for federal licensing or permits. There are various industries for which state licenses or permits are required. On the other hand, whether you need state licenses or access at all or industry requirements vary by state. It would help if you researched your state’s regulations to learn about your potential licensing or permit requirements.

### Opening a Business Bank Account
 
Opening a business bank account is the last step before starting your overall business operations. Opening a bank account is crucial as it provides essential business professionalism, legal compliance, and financial advantages such as increased purchase power. There are several standard documents that you should make ready before applying for a bank account: 

- Employers Identification Number 
- Ownership Agreements 
- Business License 
- Business Formation Documents 

Forming LLCs is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All seven steps require exhaustive legal research and meticulous road planning for a smooth, risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation. 

Please do not hesitate to contact and reach us via info@grapelaw.com
 or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation.

how-to-form-llcs.webp

How to Form LLCs in The United States | Grape Law

As you might recall, The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) introduced a new **Application for Prevailing Wage Determination Form, ETA 9141**, to be submitted to the DOL for determining prevailing wages back in April 2021. The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.

The results of requests filed using the new form were expected to be declared in OFLC’s **average processing time of 145 days**. This means that the results are due soon, and you should be watching closely OFLC’s updates regarding this issue. Because Prevailing Wage Determination results are expected soon, we believe that giving a recap on the new Form and the process that follows might be beneficial for persons of interest.  

With the new form ETA 9141, OFLC devised a more detailed and comprehensive roadmap for the determination of prevailing wages by its Certifying Officers (CO). The primary procedural changes revised the way an employer provides primary and alternative requirements for a job position on ETA 9141, and how OFLC evaluates and determines the prevailing wage accordingly to provided requirements.      

Previously, OFLC determined the prevailing wage solely based on the primary requirements provided by the employer.With the New Form ETA 9141, OFLC now reviews both the primary and alternate requirements and determines two separate prevailing wages for each set of requirements.
Furthermore, the higher of the two prevailing wages is made mandatory for employers to use on Labor Condition Applications (LCAs) and Program Electric Review Management (PERM) applications.  

This change implemented by Form ETA 9141 is of great importance since it might entail significant prevailing wage increases. For instance, for the job position Software Developers, Applications in Seattle, Washington, the prevailing wage determined with the new ETA 9141 produced more than a $20.000 increase per year on the prevailing wage determined with the old ETA 9141 Form (**From $140,920 per year to $162,510 per year**). 

Lastly, the new procedural change also applies to LCAs with which the employer determines its own prevailing wage according to the Occupational Employment Statistics (OES). Prevailing wages determined via OES are also subjected to this change. 

The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.


The New Prevailing Wage Determination Results With the New Form ETA 9141

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The New Prevailing Wage Determination Results with the new Form ETA 9141 Are Expected Soon

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. **The LIKE Act**, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

In a speech addressing the congress Congresswoman Lofgren said:

“For the world’s best and brightest innovators seeking a home for their companies, America used to be the top destination. Sadly, that has changed. Today, the technology sector in Canada is growing at a faster pace than it is in America, and it is almost entirely because of restrictive U.S. immigration policies that do not benefit our economic interests. Congress can change that. We can make the United States more prosperous by passing bills like the LIKE Act that stimulate the economy, curb brain drain, create jobs for American workers, and restore our country’s standing as the number one choice for the next generation of entrepreneurs worldwide.”

Start-up companies were shown to contribute significantly to the U.S. economy and provide employment for millions of American citizens every year. Compared to mature companies, **start-ups reach employment numbers four times higher than mature companies (11 years old or older)**, and they are the sole source for new employment in the U.S. over the last couple of decades.

**The new proposed start-up nonimmigrant visa**, **“W”**, aspires to foster the transfer of creative and innovative brains from other countries with ease and upgrade the outdated U.S. immigration policies that block the country’s economic growth and technological progress.

To qualify for the planned three-year W visa, an applicant must:

- Possess an ownership interest in a start-up venture that has sufficient investments or received government grants & awards.
- Be in an essential and ongoing position in the management or operations of the venture.
- Have the necessary know-how to considerably contribute to the growth and success of the venture.

If confirmed, the W visa **will be extended after the initial three-year period**. The Bill proposes up to five years of extension for prospect visa holders. And for this, the prospect visa-holders must meet certain growth-related benchmarks, such as job creation and revenue generation.

The Start-Up Bill states that if a start-up venture meets certain additional benchmarks that demonstrate the founder has proven series of business development successes, then **he or she will be considered for green card status if they apply**. The LIKE Act also allows start-up initiatives to petition for workers in executive or managerial positions as well as their close relatives (spouse and children) to receive nonimmigrant visas.

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. The LIKE Act, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

The New Start-Up Visa Bill Introduced in the Congress

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The New Start-Up Visa Bill Introduced In the Congress Envisages Bolstering the US Economy

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future. 

**Step 1:**

You must make sure that you are applying for the right protection. There are numerous intellectual property protection applications such as patents, copyrights, and domain names. Trademark application protects your brand name and logos that you utilize on your goods and services. Thus, you should be applying for trademark registration only if you want your brand name and logo to be protected and your goods and services to be associated with them. 

**Step 2:**

If you are applying for trademark protection, you are then expected to create your own unique mark. Uniqueness is essential here. This is because marks often get confused with other brands’ marks. Mark confusions may also lead to legal protection hardships and may be considered non-registrable by the USPTO. While creating your mark, you should also take into account your area of goods and services. You need to make sure that your offered goods and services are not in the same category with brands whose marks may be taken as yours. For further information on creating your mark, please refer to [this video](https://www.uspto.gov/learning-and-resources/uspto-videos/basic-facts-selecting-mark) by USPTO. 

**Step 3:**

You are now good to prepare and submit your application via USPTO.gov website. Steps are as follows: 

- Set up your USPTO.gov account to reach your Trademark Electronic Application System (TEAS). To set up your account, please follow this link.
- File your online application. You will be asked to pay a non-refundable processing fee. 
- Regularly check (at least every six months) your application status via Trademark Status and Document Retrieval (TSDR) system. This is especially important as it will warn you of upcoming filing deadlines. 
- Maintain and -if necessary- update a valid mail and email address. 

**Step 4:**

After you submit your application, USPTO’s primary evaluation will determine whether you met the filing requirements or not. If you did so, an application serial number will be assigned on your name and your file will be forwarded to an examining attorney. The examination duration varies but it will likely take several months. 

**Step 5:**

If the examining attorney approves your registration, your mark will be allotted for publication in the weekly “Official Gazette” of the USPTO. You will be notified regarding the date of publication. After the publication, there will be an interval amounting to a month. During this time, any brand that might be damaged by your registration can file an opposition to the process or ask for an extension for the opposition. 

In the case of no opposition, your application will move on to the next step. This usually takes three to four months. 

## Certificate of Registration
USPTO will register your mark and send you a registration certification. You are required to file maintenance documents for your registration to remain valid after the registration. 

## Notice of Allowance
This is a notification document by USPTO. It is sent approximately eight weeks after your mark is published in the “Official Gazette.” It declares that your mark is free of any opposition. Notice of Allowance is only delivered to applicants who used Section 1 Filing Basis during their applications (US residents). 

After a Notice of Allowance issued, you have six months to either, 

- Use the mark in commerce and submit a statement of use (SOU), or 
- Ask for a six-month extension to prepare your SOU for later filing. 
To learn more about SOUs and extension request processes, please refer to this link. 

If you fail to file your SOU in time, your application will be discarded until you write a petition to restart your application. Please watch this video to learn more about the petition process. 

## Reviewing of SOU by USPTO

After you submit your SOU, an examining attorney reviews your SOU for approval. 

- If there are no refusals and additional requirements asked, your SOU will pass the attorney’s review. 
- In the case of refusals and additional requirements, you will be issued another letter of office action by the examining attorney. The following process is identical to the one described in Step 4. 

If all the issues are eventually resolved, USPTO will issue your registration within two months. 

Trademark protection is essential for businesses to operate as it provides companies with a consistent brand identity. And brand identity is what designates businesses as distinct entities. Henceforth, having protected and unified trademarks is a must for every company that aspires to function harmoniously. 

**Grape Law PLLC understands the importance of trademark protection and promises its clients the all-around safety of their brands.**

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future.  

how-to-get-your- trademark-registration.webp

How to Register Your Trademark in the U.S.?

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. **Here in this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future**.  

## Sole Proprietorship
 
As the name suggests, Sole Proprietorships or DBA’s (Doing Business As) refers to a business structure in which you are the sole owner of your company. This means that your company is you, which makes you the only person liable for the business entity at hand. Furthermore, you are being personally liable for your company subjects you to pass-through taxation with which your business income or loss is added to your tax returns. And this merger of person and corporation appoints you as the guarantee for potential company debt that consequentially may jeopardize your possessions and savings in a likely lawsuit.     
 
## Partnership/ General Partnership

Partnership business structure is almost identical to Sole Proprietorship with one, but major difference. With this corporate type, multiple owners invest in the business either through money, property, labor, or skill. People taking part in a certain partnership have distributed the profits and losses of the company in accordance with their shares of the business.  

Moreover, partnerships are bound to file an annual report detailing their income, gains, deductions, losses, etc., resulting from their operations. However, this does not require partnerships to pay income taxes as business entities. Like Sole Proprietorship, they are subjected to pass-through taxation that mandates not the company, but shareholders to report their income-gained or loss-given (calculated accordingly to their shares on the partnership) on separate, individual tax returns.  

## C Corporation
 
As the oldest business structure in the US, C or Regular Corporation – unlike Sole Proprietorships- is defined as a separate company entity that shields shareholders from the personal liability of business operations. This protection is since C Corporations are not to be owned as business organizations, but as ‘stocks’ that are bought and sold in-between numerous investors.  

The distinction between companies and shareholders, on the other hand, results in a double tax that obliges C Corporations and their shareholders to be taxed separately. Firstly, profits gained from business operations are taxed to corporate, followed by the taxation of shareholders through distributed dividends, derived from the profit. However, additional tax cost dictated to C Corporations is avoidable via another business structure, called S Corporation, that spurs many investors to change their company types from C to S.  

## S Corporation


Preferable for most starter small companies, S corporation, like Sole Proprietorship and Partnership, allows businesses to pass through the profit directly to shareholders. This enables corporations to avoid double taxation, thus reducing the additional cost of company income tax. However, the formation of S Corporations is comparatively tight regulated as it outlines various rules such as,  

- Your corporation must be a domestic one.  
- Partnerships, corporations, and non-resident shareholders are not allowed.  
- You cannot have more than 100 shareholders.  
- Stocks owned by shareholders can only be one type.  
- Financial organizations, i.e., banks, insurance companies, and domestic international sales corporations are considered ineligible.  

## Limited Liability Corporation (LLC)


As being the newest amongst the 5 most common business structures, LLC offers flexibility and more space for businesses to operate. Bringing together the personal liability exception of a company (C or S) with pass-through taxation, LLC protects you from indulging in potential business debts as well as spending the added cost of double tax.  

Furthermore, there are far fewer restrictions about ownership, allowing single or multiple members (LLC owners are called members, not sole owners, or shareholders) ranging from corporations to other LLCs, and foreign nationals to institutions to own businesses. Several exceptions for ownership include business types such as banks and insurance companies.  

Lastly, IRS will categorize your LLC as a corporation, partnership, or as a disregarded entity (meaning an entity that is not separated from its owner, i.e., Sole Proprietorships) depending on the number of your members and on elections made by the LLC, providing you with the opportunity of multiple business structures as you complete the way your tax returns are declared.  

**For further, state-specific regulations on business structures and taxation, follow this [link](https://www.irs.gov/businesses/small-businesses-self-employed/state-government-websites). And please regularly visit our blog for more comprehensive writings on business structures of which the next will be on LLCs.**

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. In this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future.  

starting-your- business-in-the-us.webp

Starting Your Business in the US

Establishing a start-up initiative in the U.S. or expanding financial ventures there is a common business practice among investors and innovators. The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. The U.S. economy also benefits from the influx of these ideas and capital, and therefore the U.S. provides investors and innovators with various temporary and permanent visas to come to America and be part of the financial success of the country.  

Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

## Temporary Visas for Start-up Investors

- O-1A 
- E-1 
- E-2 
- L-1A and L-1B
- International Entrepreneur Parole 

### O-1A Extraordinary Abilities Visa

O-1 visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields such as sciences, education, business, or athletics. To be eligible for O-1A, you must be a person of either nationally or internationally acclaimed ability in science, education, business, or athletics. Internationally recognized awards such as Nobel, Pulitzer, Tony, etc. can be presented as proof of your ability. If you do not have such an award, you can still be eligible for O-1A given that you meet at least 3 of the criteria set by USCIS. To learn more about the visa, please read our O-1A writing.  

###  E-1 Treaty Trader Visa
 
E-1, or Treaty Trader visa is a type of non-immigrant employment visa available to nationals whose countries hold a trade treaty with the United States. Businesspersons who seek to engage in substantial trade or participate in an enterprise that engages in trade with the U.S. can choose to apply for an E-1 visa. You also need to continue to conduct trade mainly between the U.S. and your home country and produce significantly more income than only afford you and your family. To learn more about the visa, please read our E-1 writing. 

### E-2 Treaty Investor Visa
 
E-2 is another type of nonimmigrant employment visa offered to treaty countries’ nationals who invest individually, or treaty countries’ nationals who are part of investing companies and partnerships. Eligible applicants can be owners, directors, or skilled executive workers. E-2 visa eligibility requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. If the applicant applies for E-2 with a corporate entity, s/he must own at least half of the business. To learn more about the visa, please read our detailed E-2 writing.  

### L-1A Visa
 
L-1A, which is a sub-category of L-1 visa, is a type of nonimmigrant employment visa that allows either a U.S. employer to employ an executive or manager from one of its foreign offices, or a foreign company to send an executive or manager to start business operations in the U.S. L-1A Visa is particularly preferable by many start-up investors seeking to expand to the United States. To be eligible for L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. Furthermore, if you are an individual who is coming to the U.S. to establish a U.S. branch, your one-year employment within the last 3 years must be in either executive or managerial position. To learn more about the visa, please read our L-1A writing. 

### L-1B Intracompany Transferee Specialized Knowledge Visa

L-1B is another nonimmigrant employment visa which is the second and last sub-category of L-1. It is issued to specialized knowledge individuals sponsored by U.S. employers to be transferred from companies’ foreign offices to the U.S. offices to live and work in the United States. L-1B Visa also allows a foreign company to transfer one of its specialized knowledge employees to the U.S. to establish a U.S. branch of the company. To be eligible for L-1B, same as L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. 

### International Entrepreneur Parole
 
International Entrepreneur Parole (IEP), or International Entrepreneur Rule (IER), is a special immigration program designed for start-up individuals. It differs from the above-listed visas in that it is available ‘only’ to start-up founders and investors, and therefore can be considered the closest thing to a start-up visa. On the other hand; IEP is not a visa per se, but a unique “permission of stay” or “parole” to conduct and grow start-up businesses. To be eligible for IEP, your business venture must produce a significant public benefit and you must “**merit a favorable exercise of discretion**”

## What Grape Law Offers?

The U.S. is the “go-to” destination for many start-up investors and founders who are in pursuit of business growth and success. As the center of world capital, investment, innovation, and new technology production, The U.S. offers the best financial environment and networking hubs for start-up enthusiasts to achieve their bold and ambitious career goals. Furthermore, as we explained, the U.S. makes it easy for aspiring start-up individuals to emigrate to the country with a diverse set of visa and parole options.  

In that regard, as a group of cutting-edge attorneys who are investors and innovators, we have the first-hand start-up experience, success insights, and legal expertise to help your venture to become “American” as well as an influencing and long-lasting brand. To begin to actualize your dreams with us, you can always [schedule a meeting here](https://calendly.com/grapelaw)! 

**Stay tuned for the second leg of this writing series which will cover the permanent visa options for start-up investors and innovators!**  

 

The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

Temporary Visa Options for Start-Up Investors and Founders

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Temporary Visa Options for Start-Up Investors and Founders in the US

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Business Law

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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Deneyimli avukat ekibimizin rehberliği hukuki ihtiyaçlarınız boyunca hizmetinizde. HAKKIMIZDA ÇALIŞMA ALANLARI Göçmenlik Hukuku Firmamızla; ticari göç, istihdam göçü, aile ve öğrenci göçü vb. birçok göçmenlik hukuku alanlarındaki uzmanlığımızı kullanarak farklı göçmenlik motivasyonlarına sahip müvekkillere hizmet etmeyi hedefliyoruz. Detaylar Ticaret Hukuku Sürekli değişmekte olan ticaret şartları ve yönetimi uzmanlığımızı, nihai sonuca ulaşmayı hedefleyen titiz müvekkil hizmetimizle

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