Entrepreneurship and innovation are the lifeblood of the U.S. economy. Historically, the United States has relied on immigrants to introduce new ideas and products, diversifying our economy and fostering growth in our communities. However, being a visionary and successfully introducing a product or service to the market requires a unique skillset and understanding of complex immigration pathways.
As an entrepreneur, focusing on your business needs to be the priority, not managing endless volumes of paperwork and worrying over whether a simple mistake on a form could delay or derail your business opportunity in the U.S. Let Indus Law Firm assist you in navigating a successful pathway to building your company. Business Immigration is our specialty, and foreign nationals who wish to start businesses in the United States have several temporary and permanent options which we can help you explore.
Listed below are several types of visas available for entrepreneurs in the U.S.
The E-2 nonimmigrant classification allows foreign nationals of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States based on the investment of a substantial amount of capital in a bona fide U.S. enterprise.
The B-1 visa category allows foreign nationals to travel temporarily to the U.S. to consult with business associates, travel for a scientific, educational, professional or business convention or conference on specific dates, settle an estate, or negotiate a contract. The B-1 Visa may also apply, in certain circumstances, to foreign medical students, personal/domestic attendants and certain religious workers. You may not engage in any employment while in the U.S. on a B-1 visa.
Individuals with Extraordinary Ability or Achievement
The O-1 visa is for the individual who has extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry, and has been recognized nationally or internationally for those achievements. This visa is effective for the time needed to complete the event or activity, not to exceed three years.
The Visa Waiver Program (VWP) allows citizens of participating countries to travel to the U.S. for 90 days or less without first obtaining a visa. Currently, 36 countries participate in the Visa Waiver Program.
Visa Waiver Countries include: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, United Kingdom
Members of the professions holding an advanced degree or its equivalent, or a foreign national who has an exceptional ability may be eligible for an employment-based, second preference visa
National Interest Waiver
Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability.
The EB-5 category is a green card vehicle based on investment in a U.S. enterprise. Foreign nationals who invest $1 million USD (or $500,000 if in a Targeted Employment Area) are eligible to self-petition for a green card under this preference category. The immigrant investor must be actively involved in the investment enterprise and the enterprise must create or preserve at least 10 jobs for U.S. workers within a specified timeframe following issuance of the visa.