Immigration
- how to sort out immigration? Recommendations for a good immigration lawyer
8
Answers
Employment & Business Immigration Attorney
Hello, you have many options as a Canadian entrepreneur moving to the US. If you are the major investor in your own company and own at least 50% of the company, you are eligible for an E-2 visa. If you already own a Canadian company and are opening a branch or subsidiary in the US you are eligible for an L-1 visa. If you are currently in the US as a student you may consider an H-1B visa. Regardless, of what option you choose you cannot just move to the US and start working. That said, you can make short trips to the US to set up your company without a visa, such as setting up bank accounts, signing legal documents, and agreeing to a lease.
Each of these visa options has its own timeline and various strengths and weaknesses. I am an immigration attorney in the US. I would be happy to discuss your options further with you on a call.
Answered over 11 years ago
Clarity's top expert on all things startup
I'm happy to provide you the recommendation via private message. Your visa options will be based on your prior relevant experience and equity ownership of the Company.
Keep in mind that in *almost* every visa case, it's the US company petitioning the US Government on the immigrant's behalf. If you have too much control / ownership of the Company doing the petitioning, that can be problematic.
Happy to talk through my own experiences on this topic in a call. Or happy to simply provide you the reference via private message.
Answered over 11 years ago
Futurologist
Do you follow Dan Martells weekly email? You can message him directly, I am sure he'd love to help.
Answered over 11 years ago
Full-stack lead gen from clicks to phone calls
I hope this isn't coming too late but I recently went on a delegation with McGill University to SF. There is a program right now with the Canadian Trade Commission in partnership with Rocketspace, an accelerator there. If your company fits the characteristics on this page I believe you can be sponsored for a visa: http://www.tradecommissioner.gc.ca/eng/document.jsp?did=141342. Hope this helps!
Answered over 11 years ago
Ex SaaS CEO, now investor, CEO in rail industry
I wish I knew :)
Maybe someone will answer this if it shows up on the Dashboard :)
Answered about 11 years ago
Entrepreneur & Business Strategist
You can find some generic advice online but you should ultimately get an immigration lawyer. Working with a larger company will make the visa situation easier as they have more resources- even Series A or later. It may be possible to sort it out as a founder, but that is likely more difficult (or at least expensive as I think the E-2 requires a significant investment). Some (eg, Skype, Zendesk) have founded the company in their home country and then moved to SF after they raised funding. If you have a special skill set (eg, PhD) there is also the O-1 visa.
Note: I am not a lawyer and this does not constitute legal advice.
Answered almost 11 years ago
CPA and Chartered Accountant
Here are some tips to help you navigate the immigration process:
1)Research and identify the visa category that aligns with your specific situation and goals. Common options for entrepreneurs include the E-2 Treaty Investor Visa.
2)Engage an experienced immigration lawyer who specializes in U.S. immigration law.
3)Familiarize yourself with the San Francisco entrepreneurial ecosystem.
4)Moving to San Francisco can be expensive. Take into account the cost of living, office space, and other operational expenses when planning your budget.
Remember, immigration processes can be complex and may require significant time and effort.
Answered almost 3 years ago
Certified Power Platform CRM and ERP Consultant
Having worked closely with entrepreneurs navigating the Canada-to-US transition — particularly in the tech and consulting space — here's what I've seen consistently matter most.
--- Immigration: Sort This First ---
This is the most critical piece and you're right to make it a priority. For Canadian entrepreneurs moving to San Francisco, the main visa options are:
1. O-1A Visa (Extraordinary Ability) — Best for founders with a track record
If you have media coverage, notable customers, awards, speaking engagements, or significant funding, the O-1A is a strong path. It's not just for celebrities — many early-stage founders qualify. Takes 3-6 months typically.
2. E-2 Investor Visa — Good if you're investing substantial capital
Requires a "substantial" investment (generally $100K+ in practice) in a US business. You must own at least 50% of the company. Canadians can apply directly at the border, which is a significant advantage.
3. B-1 + O-1 Bridge Strategy — Most practical for early-stage
Many Canadian founders initially operate under B-1 (visitor for business) while spending most time in Canada, then transition to O-1A as their profile builds.
4. EB-1A Green Card — The long-term goal for permanent residence
Similar criteria to O-1A but for permanent residency. Start building your O-1A profile now with this in mind.
For immigration attorneys, look specifically for ones with experience in startup/founder visas. Firms like Fragomen, Siskind Susser, or boutique startup-focused immigration lawyers in SF work with Canadian founders regularly. Expect $5,000-$15,000 in legal fees depending on complexity.
--- Practical Tips for the SF Move ---
1. Build your US network before you move
Join Canadian tech communities that have strong SF networks (e.g., C100, which specifically connects Canadian founders to Silicon Valley). Relationships open doors exponentially faster than cold outreach.
2. Banking: Open a US business bank account early
Mercury, Brex, or SVB (now First Citizens) are popular with startups. You'll need a US entity (Delaware C-Corp is standard for VC-backed startups) to open a US account.
3. Delaware C-Corp: Do this from day one if you want US VC
Most SF VCs expect to invest in a Delaware C-Corp. If you're currently a Canadian corporation, you'll need to do a restructuring. Services like Stripe Atlas or a startup lawyer can help.
4. Cost of living: Budget ruthlessly
SF is extremely expensive. Shared office space (WeWork, Industrious) typically runs $500-$1,500/month for a dedicated desk. Apartments near SoMa (startup hub) are $3,000-$5,000+/month for a 1BR.
5. Leverage your Canadian identity
Being Canadian is genuinely an advantage in SF. Canadians are perceived as reliable, collaborative, and less ego-driven than some US counterparts. Don't hide it — lean into it.
Happy to dive into the visa strategy, US entity structure, or how to position yourself for the SF ecosystem. Feel free to book a call.
Answered 9 days ago