As a foreign national looking to establish a startup in the United States, there are several visa options available to you. The most popular and widely used visa categories are the E-2 Treaty Investor Visa and the L-1 Intracompany Transfer Visa.
The E-2 Treaty Investor Visa is available to citizens of countries that have a treaty of commerce and navigation with the United States. This visa allows you to come to the United States to invest a substantial amount of capital (usually around $100,000 or more) in a new or existing enterprise. The E-2 visa is valid for up to five years, and can be extended indefinitely as long as the business remains in operation and continues to meet the visa requirements.
The L-1 Intracompany Transfer Visa is available to foreign nationals who are coming to the United States to work for a company that has a qualifying relationship with a U.S. company. This visa allows you to transfer to a U.S. office of your employer and work in a managerial, executive, or specialized knowledge capacity. To qualify, you must have worked for the foreign company for at least one year within the past three years. The L-1 visa is initially valid for up to three years, and can be extended up to seven years for executives or managers, and up to five years for specialized knowledge employees.
It is important to note that both the E-2 and L-1 visas have specific requirements that must be met, including demonstrating that the business is in operation and that the investor or employee's role is managerial, executive, or specialized in nature. Additionally, there are certain limitations and exceptions to each type of visa that may affect your eligibility.
If you are considering one of these visa options, it is highly recommended that you seek the advice of a licensed immigration attorney who can advise you on your specific situation and provide guidance on the application process.
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