Starting a business as an international student Matthew Schulz

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Starting a Business as an
International Student
Stanford GSB Workshop
C. Matthew Schulz
Partner
Silicon Valley
Email: matthew.schulz@dentons.com
Office: (650) 798.0361

2. Chair, Global Mobility Practice and US Immigration Practice
Help entrepreneurs from around the world startup/acquire businesses and
secure visa.
Temporary assignments, permanent relocations and citizenship.
32+ years in practice in Silicon Valley/San Francisco.
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Biography - C. Matthew Schulz

3. Dentons - World's largest law firm
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Topics
Visas Designed for Owners
Visas Not Requiring Employment
Visas Designed for Employees
Takeaways

5. • Passive ownership interest always permitted
• Receiving equity instead of pay is not a solution
• Active involvement in the business is the problem to solve
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Active Involvement, Not Ownership, is the Issue

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Visas Designed For Owners

7. • Trade treaty country
• 50-100% ownership and control
• Trade primarily between US and treaty country
• Substantial volume of trade
• Also for non-owners
• Benefits
• Duration
Month Day, Year 7
Visas Designed For Owners
E-1 Treaty Trader Nonimmigrant Visa

8. • Investment treaty country
• 50-100% ownership and control
• Investment in US
• Substantial amount
• Also for non-owners
• Benefits
• Duration
Month Day, Year 8
Visas Designed For Owners
E-2 Treaty Investor Visa

9. • Traditional and Pilot Programs
• Investment in US
• Law sets amount of investment
• At risk
• Any percentage ownership and control
• Creation of at least 10 jobs for US workers
• Lawful source of funds
• Benefits
• Duration
Month Day, Year 9
Visas Designed For Owners
EB5 Immigrant Investor Visa

10. • Parole Status - not visa status
• Substantial ownership interest
• Business created within last 5 years
• Central and critical role
• Significant public benefit to US thru:
• Significant investment from certain US investors
• Significant awards/grants from government; or
• Partial of either of above, plus substantial potential for rapid growth and job
creation
• Benefits
• Duration
Month Day, Year 10
Visas Designed For Owners
International Entrepreneur Status

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Visas Not Requiring Employment

12. • Self-sponsored
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Visas Not Requiring Employment
EB1A Extraordinary Ability Immigrant Visa

13. • Self-sponsored
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Visas Not Requiring Employment
EB2 NIW Exceptional Ability Immigrant Visa

14. • Relative-sponsored
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Visas Not Requiring Employment
Family-based Immigrant Visa

15. • Self-sponsored
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Visas Not Requiring Employment
Diversity Lottery Program Immigrant Visa

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Visas Designed for Employees

17. • Proprietorship - never
• Partnership - possible
• Limited liability company - possible
• Corporation - possible
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Visas Designed for Employees
Legal Entities

18. Right to control your work by another = employment
• Employment agreement with separate legal entity key, but insufficient by
itself
• Minority ownership facilitates control claim
• Key factors:
• Common versus preferred versus stock option
• Role Board of Directors
• Your position in the organizational chart
• Investor rights agreement
• Voting agreement
• Operating agreement, if LLC
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Visas Designed for Employees
What is employment?

19. • F-1 Academic Student Visa
• J-1 Exchange Visitor Visa
• H-1B Specialty Occupation Visa
• H-1B1 Free Trade Specialty Occupation Visa
• E-3 Free Trade Specialty Occupation Visa
• TN NAFTA Professional Visa
• H-2B Temporary Non-Agricultural Worker Visa
• L-1A Multinational Executives and Managers Visa
• L-1B Intracompany Transfer with Specialized Knowledge Visa
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Visas Designed for Employees
Employment-based Nonimmigrant Visas

20. • EB12 Outstanding Professors and Researchers Visa
• EB13 Multinational Executives and Managers Visa
• EB2 Professionals with Advanced Degree Visa
• EB3 Professionals and Skilled Workers Visa
• EB3W Other Workers Visa
• Note PERM considerations forEB2, EB3 and EB3W
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Visas Designed for Employees
Employment-based Immigrant Visas

21. • EB12 Outstanding Professors and Researchers Visa
• EB13 Multinational Executives and Managers Visa
• EB2 Professionals with Advanced Degree Visa
• EB3 Professionals and Skilled Workers Visa
• EB3W Other Workers Visa
• Note PERM considerations forEB2, EB3 and EB3W
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Visas Designed for Employees
Employment-based Immigrant Visas

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Takeaways

23. • Choose the right form of legal entity
• Structure ownership and control to fit business needs and visa
requirements
• Consider both temporary nonimmigrant and permanent immigrant visas
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Starting a Business as an International Student
Takeaways

24. Contact Details
C. Matthew Schulz, Partner
matthew.schulz@dentons.com
+1 650 798 0361
Dentons US LLP
1530 Page Mill Road
Suite 200
Palo Alto, CA 94304
USA
www.dentons.com
www.globalmobilityreview.com
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