What type of visa do I need to apply for if I want to start a business in the United States as a foreign national?
To start a business in the United States as a foreign national, you will need to apply for a business visa. The type of visa that you will need to apply for will depend on the nature of your business and your personal circumstances.
If you are coming to the United States to invest a substantial amount of capital in a U.S.-based enterprise, you may be eligible for an E-2 investor visa. To qualify for this visa, you must show that you have invested or are actively in the process of investing a substantial amount of capital in a U.S. enterprise, that the enterprise is a real and operating enterprise, and that you will develop and direct the enterprise.
If you are an entrepreneur who has started their own company abroad, you may be eligible for an L-1 intracompany transfer visa. This type of visa is available to foreign nationals who have worked for a subsidiary, parent, affiliate or branch of a U.S. company for at least one year out of the past three years, and who are coming to the U.S. to work for a related entity. To qualify for an L-1 visa, you must demonstrate that you are an executive or manager of your company and that you will be coming to the U.S. to continue your role as an executive or manager.
If you are a startup founder with a unique and innovative business idea, you may be eligible for a visa under the International Entrepreneur Rule. This visa allows foreign nationals who have started a new business in the U.S. that has significant potential for growth and job creation to apply for an initial stay of up to 30 months, with the possibility of an additional 30-month extension.
It is important to note that obtaining a business visa can be a complicated process involving numerous legal requirements, documentation, and procedures. It is always best to consult with an experienced immigration attorney who can provide personalized guidance and advice based on your individual circumstances. They can help you determine which type of visa you are eligible for and assist you in preparing and submitting your application.