Considering Starting a Business in the United States? Which Visa Category is Right for You?

Introduction

The United States continues to be one of the most attractive destinations for entrepreneurs, investors, and business professionals worldwide. With dynamic opportunities in sectors such as technology, services, and manufacturing, the U.S. immigration system offers a variety of visa categories tailored to different business goals and personal circumstances.

Determining the most suitable visa type for your specific situation requires a careful and individualized evaluation.

In this article, we compare the most commonly preferred visa categories for those seeking to lawfully establish or operate a business in the United States as an entrepreneur, investor, or business owner. Our aim is to help you make a more informed decision and guide you toward the most appropriate path for your U.S. business endeavors.

1. E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa is a nonimmigrant visa available to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. It allows individuals to enter and work in the U.S. based on a substantial investment in a bona fide commercial enterprise.

Eligibility Requirements:

• The applicant must be a national of a treaty country.
• The investment must be substantial and proportionate to the type of business.
• The funds must be lawfully obtained and clearly traceable.
• The business must be an active, for-profit commercial enterprise.
• The enterprise must not be marginal; it must have the capacity to generate more than minimal living income or create employment.

Advantages:

• Especially for applications filed from within the U.S., premium processing allows for adjudication in as little as 15 calendar days.
• The investor’s spouse and unmarried children under 21 may obtain derivative E visas. The spouse is eligible for work authorization, and the children may attend school.
• The visa can be renewed indefinitely as long as the business remains operational and continues to meet E-2 requirements.
• New businesses are eligible for E-2 applications.

 

2. EB-5 Immigrant Investor Visa

The EB-5 visa is an immigrant visa category that provides a direct path to lawful permanent residency (Green Card) through investment. It is suitable for high-net-worth individuals seeking to create jobs by investing in a U.S. business.

Eligibility Requirements:

• An investment of at least USD 800,000 to USD 1,050,000 must be made, depending on the area designated by the competent authorities.
• The investment must create at least 10 full-time jobs for U.S. workers.
• The investment must be at risk and made into an active, for-profit commercial enterprise.

Advantages:

• The investor, their spouse, and unmarried children under 21 may obtain Green Cards directly.
• No employer sponsorship or academic qualifications are required.
• Provides permanent resident status, allowing the investor and their family to live, work, and travel in the United States.

 

3. L-1 Intracompany Transferee Visa

The L-1 visa is a nonimmigrant visa that enables the transfer of executives, managers, or specialized knowledge employees from a foreign company to a qualifying U.S. office, including a newly established one. It is particularly suitable for business owners with international operations.

 

Eligibility Requirements:

• The applicant must have worked abroad for at least one continuous year within the last three years in an executive or managerial capacity.
• The U.S. office must be a viable business and capable of sustaining operations.
• There must be a qualifying relationship between the foreign and U.S. entities (e.g., parent, subsidiary, affiliate).

Advantages:

• L-1A visa holders may apply for a Green Card under the EB-1C category if they meet certain requirements.
• A newly established U.S. office does not disqualify the applicant.
• Spouses and children under 21 are eligible for derivative visas. Spouses may apply for work authorization, and children may attend school.

 

4. H-1B Specialty Occupation Visa

The H-1B visa is a nonimmigrant visa for foreign professionals who wish to work in the United States in specialty occupations that typically require a bachelor’s degree or higher.

Eligibility Requirements:

• The offered position must require theoretical and practical application of specialized knowledge and a minimum of a U.S. bachelor’s degree or its equivalent in a related field.
• A U.S.-based employer must file the petition on behalf of the applicant.
• Subject to an annual cap and lottery system.

Advantages:

• Initially granted for up to three years, with the possibility of extension up to six years.
• The H-1B lottery is generally held in March, and selected candidates may begin employment as early as October 1 of the same year.
• In certain cases, spouses may apply for employment authorization (H-4 EAD).

Frequently Asked Questions (FAQ)

Q1: Can I establish a company in the U.S. without being a U.S. citizen?

A: Yes. Foreign nationals can form a Limited Liability Company (LLC) or Corporation in the United States. However, forming a company does not automatically grant the right to work or reside in the U.S. A valid visa or legal immigration status is still required.

Q2: Who can apply for the E-2 visa?

A: Only nationals of countries that maintain a treaty of commerce and navigation with the U.S. are eligible. Turkey is among those treaty countries.

Q3: Can I apply for an H-1B visa through a company I have founded?

A: Yes, it is possible. However, a legitimate employer-employee relationship must be established and supported with evidence of independent board or management oversight.

Q4: Can someone else make the EB-5 investment on my behalf?

A: No. The EB-5 investment must be made directly by the applicant using their own capital. Pooled or proxy investments are not accepted by USCIS.

Conclusion

Selecting the right visa category is a strategic decision that impacts not only your immigration status but also the success of your business venture in the U.S.

Each visa type requires careful preparation, including a comprehensive business plan and documentary evidence that complies with U.S. immigration law. Therefore, it is strongly recommended to consult with an experienced immigration attorney to assess your individual circumstances and develop a tailored strategy for your U.S. business plans.