Raising capitol and starting a bussiness as an immigrant?

**josh000** · 12-02-2008 09:33 AM

Hello all,

I had some questions about raising money in the US. I am an australian, and have a brilliant business plan developed, which I would like to show to VC's. I wish to incorporate a company based around my idea and run business from the US.

My problem is that the US has no visa for coming over to start a business like an entrepreneur visa, and that the possible visas, E2, E3 and L2 are not suitable. I have almost no money so can not be an investor, and my company is not already established and trading with the US for one year to get an L2.

I really, really, would like to avoid having to have a partner if possible, and I am wondering if it is possible to show my business plan to VC firms or banks and receive funding in order to get an investor visa without it looking like employment, and with the firm or bank being secure that I will not just run of with funds.

Is there any way I could get investment capital to apply for an E2 without it looking like employment, or any way that a VC firm would want to give it to me personally, as there is no way to ensure I would just take of with it?

I wish to immigrate and get a visa for the purposes of setting up my business and managing it, there is no visa for this, but I am wondering if some kind of loophole is possible?

As a side question, I currently do not have any patents, and would like to know the risk in showing a business plan to banks or VC firms without patent protection, especially if they will not sign an NDA. What protection do I have as a non american citizen?

Many thanks for any replies

**byzantium** · 12-02-2008 10:19 PM

Unfortunately the US doesn't have a visa option for entrepreneurs. It has visas for migrant workers and students and a small one for highly specialized skilled workers, but not one for entrepreneurs. You can either come to the US on a student visa, or start a Nevada LLC, which offers a number of ways to obscure the fact that you're in a different country. There are a number of companies that maintain shell Nevada corporations for people not living in Nevada, you can even pay for a phone number in the Las Vegas phone book and a real street address in Nevada if you want. This may or may not be illegal in Australia. In the US, California makes it illegal for a CA resident to register a corporation in any other state or foreign country, with periodic stings and hefty prison sentences meted out to scofflaws. Some countries will imprison you for a very long time if you try to register a corporation outside the country. As for getting venture capital, now is not the best time, since credit has dried up. Normally, VCs are willing to loan money to companies anywhere in the world, as long as you can fly to San Jose, California to meet with them.