Visa Options for Entrepreneurs Starting a Business in the US

As a lawyer, I advise that entrepreneurs who wish to start a business in the United States can consider several visa options that are available to them. These visas fall under the non-immigrant or immigrant visa categories.

E-2 Visa

One of the most popular non-immigrant visa options for entrepreneurs is the E-2 visa. This visa is specifically designed for individuals who wish to invest capital in a business and develop and direct that business in the United States. The E-2 visa requires that the entrepreneur is a citizen of a treaty country that has a qualifying treaty with the United States. The entrepreneur must also demonstrate that they have made a substantial investment in a U.S.-based business and that they will play a significant role in the management and operation of that business.

L-1 Visa

Another non-immigrant visa option is the L-1 visa, also known as the Intracompany Transferee visa. This visa is available to entrepreneurs who already have a business in their home country and wish to expand that business to the United States. To qualify for this visa, entrepreneurs must demonstrate that they are a high-level employee or executive of the business and have worked for that business for at least one year.

O-1 Visa

Entrepreneurs may also consider the O-1 visa, which is available to individuals who have extraordinary ability in business or another field. To qualify for the O-1 visa, entrepreneurs must demonstrate that they have received extensive recognition for their accomplishments in their home country and that they will continue to work in their field of expertise in the United States.

EB-5 Visa

For entrepreneurs who wish to permanently reside in the United States, the EB-5 visa may be an option. This visa is available to individuals who make a substantial investment in a U.S.-based business and create at least 10 full-time jobs for U.S. workers. There are also other requirements for the EB-5 visa, such as demonstrating that the investment capital was lawfully obtained.

It is important to note that each of these visa options has specific requirements that must be met, and entrepreneurs should consult with an experienced immigration attorney to determine which visa option is best-suited for their specific circumstances.