Published: March 21, 2022
Many aim to start a business in the United States. With all the opportunities present in the country, one can genuinely find economic success and financial stability. The beauty of it is that the chance to succeed as a business owner is not limited to citizens. It can also extend to immigrants. There are several paths to becoming an entrepreneur or investor in America.
Besides corporate expertise, noncitizen entrepreneurs should have sufficient legal knowledge. Generally, interested applicants should first secure an investor visa. However, there are also other ways to legally conduct business within the country. Before engaging in any business, it is best to work with a reliable investor visa attorney.
International Entrepreneur Parole
Before discussing the available investor visas in the United States, it is essential to understand International Entrepreneur Parole (IEP) beforehand. IEP is not a visa; however, many people confuse it as one. The IEP is created under the International Entrepreneur Parole Program (IEPP). This federal initiative permits the Department of Homeland Security (DHS) to allow the entry of qualified international entrepreneurs into the United States.
With an IEP, noncitizen investors can work on their start-up businesses. To qualify for it, applicants must demonstrate the following:
- Substantial ownership interest in a US-based start-up business that has been created in the last five years
- Possession of a central and active role in the start-up
- Ability to provide significant public benefit to the United States as an entrepreneur
- Otherwise, merit a favorable exercise of discretion
Upon grant of IEP, one may initially stay in the United States for two-and-a-half years. If approved for re-parole, one may receive another two-and-a-half-year extension, for a maximum of five years.
Recommended Start-up Visas for Business Owners
Entrepreneurs or investors have a specialized category when it comes to U.S. visas. This section features five of the most recommended visas business owners can look into before moving into the country. Note that there are immigrant and non-immigrant visa options. To know more about these visas, please keep on reading.
Immigrant Options
EB-1 Visa
Technically, the EB-1 visa is employment-based. However, EB-1 visa applicants may acquire a green card through investment. It is available to noncitizens with extraordinary ability, outstanding professors or researchers, or multinational executives or managers. Investors or entrepreneurs may qualify under the particular ability category among these categories.
Interested applicants must comply with the following:
- Show extraordinary ability through national or international awards in any of the following fields: sciences, arts, education, business, and athletics
- Exhibition of recognized achievements (in relevant) field through extensive documentation
- Existing offer of employment
- The reason for coming to the United States was to continue work in a relevant area of expertise.
Since an EB-1 visa is an immigrant visa, visa holders may become Lawful Permanent Residents upon approval. To do so, applicants should file for an Adjustment of Status afterward.
EB-5 Visa
The EB-5 visa is an employment-based visa that can serve as a pathway to Green Card later. To qualify for an EB-5 visa, applicants must make two (2) certain investments. Applicants may invest within and outside the Target Employment Area (TEA), but the capital involved will be different. To learn more about the specifics of this matter, please consult with a business immigration attorney.
Besides the capital requirement, EB-5 visa applicants should invest complying with the following conditions:
- creation of at least 10 new full-time jobs for at least two years
- the investment money must be acquired legally.
- USCIS has already approved the investment project
- the new commercial enterprise should qualify as “for-profit”
- the money invested must be considered “at-risk.”
Non-Immigrant Visa
E-2 Visa
E-2 visa is dubbed as the Treaty Investors visa. It grants entry for nationals of “treaty countries” after investing a substantial amount of capital in a U.S. business. This visa category may also extend to some of the sponsor E-2 visa holder’s employees.
The following may qualify for the E-2 visa:
- a national coming from a state that maintains a treaty of commerce and navigation with the US
- those who have invested, or become active in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- if the reason for entering the United States is to develop and direct the investment enterprise. Applicant must exhibit at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate devices.
The term “substantial capital” encapsulates the following descriptions:
- the total cost of buying a pre-existing business or creating a new one
- enough to secure the treaty investor’s financial commitment to the successful operation of the enterprise
- must be big enough to support the likelihood that the treaty investor will successfully develop and direct the enterprise
O-1 Visa
Technically, the O-1 visa is a temporary work visa. Nonetheless, it may allow entrepreneurs to work on a business within the United States. The O-1 visa covers individuals possessing extraordinary ability in the sciences, arts, education, business, or athletics (O-1A) or having a demonstrated record of exceptional achievement in the motion picture or television industry (O-1B).
To qualify for either the O-1A or O-1B category, applicants must comply with the following:
- demonstrate extraordinary ability
- exhibit sustained national or international acclaim,
- exhibit record of exceptional achievement in the motion picture and television industry
- The reason for temporarily coming into the United States was to continue work in the area of extraordinary ability.
The O-1 visa is similar to the EB-1 visa as both may pertain to individuals with extraordinary abilities. However, unlike the EB-1 visa, the O-1 visa is not an immigrant visa.
Reliable Legal Assistance
Through an investor visa, the American Dream is at hand. However, the application process can be pretty challenging. To avoid committing fatal mistakes, incurring unnecessary costs, and transgressing legal standards, coordinate with a trustworthy immigration law firm. Find one that will give you honest and practical insights all the time.
If you need immigration lawyers in Los Angeles, please remember that ALG Lawyers is an immigration law firm that will always be at your service. Our team can give you all-around support to bolster your chances of getting visa approval. If you have other questions about our services, please do not hesitate to get in touch with us.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.