US visa guide for Czech and Slovak founders

Thinking about launching an ESOP (Employee Stock Ownership Plan)? A smart move! An ESOP can be a powerful tool to attract, motivate, and retain top talent by giving employees a stake in your company’s success. But there are some common pitfalls that can undermine your efforts. To help you set up your ESOP right, we’ve put together a quick guide on the top mistakes to avoid.

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Why expand to the US?

Expanding into the US can bring great benefits for your startup for several reasons. First, US presence helps build trust with local investors and makes the due diligence easier. Second, the US market has higher consumer demand, so it's important to understand what local customers want and adjust your products to meet their needs. Additionally, being local helps you adapt to changing market demands, which boosts your chances of success. If you want to succeed in the US market, you can't overlook immigration as key part of your expansion journey. To get everything right from the beginning, talk to legal experts early on to avoid any surprises.

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Which visa options are available?

Choosing the right visa category is crucial for your expansion into the US market. Take the time to evaluate your options and make sure they align with your business goals. Here’s what’s on the table:
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Short-term visits: ESTA

Planning a quick visit? The Electronic System for Travel Authorization (ESTA) allows stays of up to 90 days for tourism or certain business purposes. Just remember, it doesn’t cover actual work.
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Longer stays: B1/B2 visa

If you need more time, the B1/B2 visa lets you stay up to six months to attend conferences, negotiate contracts, or meet partners. But, keep in mind, it doesn’t permit you to work and receive pay.
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Work visas: L1/L2, E2, O1

Planning to work, invest or transfer employees? Consider these options:
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• L1/L2 visas: Ideal for transferring employees from foreign offices to US subsidiaries. This visa streamlines the relocation of employees within the company.
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• E2 visa: Recommended for investors committing significant resources to start a new business in the US. It’s suited for those without an existing entity elsewhere.
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• O1 visa: Designed for individuals with extraordinary abilities or accomplishments. If you’ve got unique skills important for your startup, this may be a good fit. But, consider L1/L2 if you're transferring employees.
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How to choose the right visa?

We’ve listed the visa options available, but choosing the right one for you involves a few important considerations. So, what should you think about?
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#1 Eligibility requirements

You’ll need to check if you meet the specific criteria for the visa you’re interested in. Each visa has distinct requirements, such as the investment amount for an E2 visa or the employment status for an L1 visa.
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Action step: Check the official USCIS website for detailed eligibility criteria attached to each visa type.
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#2 Business needs

What do you actually want to achieve business-wise? Do you plan to hire local employees or transfer them from your home office? If you're looking to open a US branch, the L1 visa is probably your best bet.
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Action step: Pen down your business model and hiring plans to find the best visa for your needs.

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#3 Duration and renewability

You’ll also need to think about the term of each visa type and if there’s an option to renew. For instance, the B1/B2 visa is valid for up to six months at a time and isn't generally renewable, but the L1 visas can be extended.
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Action step: Create a timeline for your stay in the US and potential visa expansions.

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#4 Family considerations

If you plan to take your family with you, you need to check which visa type provides you with an adequate visa status for your spouse or children.
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Action step: Discuss plans with your family and research which visa type provides a working permit in the US (e.g., if you receive an O1 visa, remember your spouse will receive an O2 visa which doesn’t allow work in the US. The L2 visa, which a spouse of an L1 recipient receives, on the other hand, does).

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What are the costs and the legal to-dos?

Visa applications can be expensive, especially for the E2 and L1 types. Legal fees, filing costs, and compliance checks add up. Planning ahead is key.

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To keep costs under control, budget for legal fees, filing fees, and compliance checks. For example, E2 visa fees can range from $1000 to several thousand dollars. If you need a ballpark number, consult with an immigration attorney early in the process.

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To support your visa application, you’ll also need to gather important documents like:
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• Business contracts: Provide contracts or agreements with clients to show that you have real business operations.
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• Financial proofs: Include bank statements and investment documentation to show your financial commitment to the business.
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• Corporate compliance: Verify that your business structure meets US visa requirements. This may involve legal documents that outline your company’s operations and ownership.
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Remember, solid corporate structure is key for visa eligibility and compliance. It shows that your business meets the necessary legal requirements for operating in the US. When planning your expansion to the US with a L1/L2 visa, you need to make sure your business entity is properly set up before applying. Otherwise, the application process won’t move forward. These visas are also generally more flexible compared to options like the O1 visa, which has stricter eligibility criteria. By working on your corporate structure early, you build a strong base for your business and improve your chances of getting your visa approved.

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In a nutshell

Navigating US immigration is crucial for business success. Start by exploring visa options: ESTA for short visits, B1/B2 for longer stays, or L1/L2, E2 and O1 for work purposes. Think about your specific needs and consider talking to an expert to choose the best option. Make sure you have a solid corporate structure to support your visa application and follow US laws.
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If you're just getting started or need a bit more guidance, reach out to us. We're here to help and make your US expansion as smooth as possible.

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