Start with work authorization
Owning shares and working for a company are not the same thing under U.S. immigration law. Before writing code or signing customers for the startup, a founder on F-1, H-1B or a dependent visa should know what their status allows and which petition—O-1, H-1B through the company, NIW or EB-1A—could support the plan.
Document ownership and contributions
Entity type, founder vesting, and written assignment of code and inventions to the company. Check whether a prior employer has a claim to anything built on its time or equipment. These are the first things an investor's counsel will ask about, and the easiest things to fix before there is money on the table.
Align financing with immigration
A financing round changes who controls the company. For a founder whose visa is filed by the company, that can change whether the petition still works. Immigration, corporate, securities and tax advice should be coordinated rather than handled one at a time.
References
How Lumen Law & Co. can help
A founder’s immigration, equity, and IP questions should be addressed together—not only when a financing round begins.
- Assess current immigration status and potential founder-related visa or green-card options.
- Review incorporation, founder equity, vesting, IP assignments, and confidentiality documentation.
- Coordinate legal planning around financing, hiring, and cross-border operations.