The appropriate visa for foreign nationals who want to start a business in the United States is the E-2 Treaty Investor Visa.
To be eligible for an E-2 Visa, the foreign national must be from a country that has a treaty of commerce and navigation with the United States. Additionally, the foreign national must have made a substantial investment in the U.S. business, which means that the investment is enough to ensure the success of the business and is enough to support the foreign national and their family while living in the United States. While there is no specific dollar amount required for a substantial investment, it usually must be at least $100,000 USD.
The investment must be in a real and operating commercial enterprise that is not a marginal business. Marginal businesses are those that cannot generate more than enough income to provide a minimal living for the investor and their family. Additionally, the investment must be made with the intention of generating a profit.
The E-2 Visa is granted for up to two years initially and can be renewed indefinitely as long as the business continues to operate and the foreign national continues to meet the eligibility criteria. The dependent spouse and children of the investor can also receive E-2 Visas and are allowed to work in the United States.
It's important to note that the E-2 Visa does not lead to permanent residency or citizenship. If the foreign national wishes to pursue permanent residency or citizenship, they must explore other visa options with the assistance of a licensed attorney.
In summary, foreign nationals who want to start a business in the United States should apply for the E-2 Treaty Investor Visa if they meet the eligibility criteria. It's recommended to seek the advice of a licensed attorney to ensure that all requirements are met and to navigate any potential complications.
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