How to Start a Business in the USA: Guide for Immigrants

The dream of starting a business in the United States attracts more and more immigrants seeking access to one of the largest consumer markets in the world, a culture of innovation and a business-friendly regulatory environment. The American ecosystem provides capital, qualified talent and supporting infrastructure that accelerate the growth of companies in virtually any sector.

Turning this objective into reality requires detailed planning in legal, tax, migration and operational aspects. Opening a company in the USA follows state rules, and the choice of state, legal structure and visa category can have a decisive impact on the success of the venture. This guide presents the fundamental steps for immigrants who want to establish a business in the United States.

The United States occupies prominent positions in global rankings of ease of doing business. The American market offers significant competitive advantages for foreign founders.

The entrepreneurial journey in the US begins with solid strategic planning. Before any operational decision, it is essential to structure the business pillars appropriately for the American market.

The business plan is an essential document both for attracting investors and for guiding strategic decisions. It should include detailed target market analysis, revenue model, five-year financial projections, marketing strategy, and competitor analysis. In the immigration context, a robust business plan is required as part of the E-2 and L-1 new business visa documentation, and is a central element of the I-526E EB-5 petition.

The choice between LLC (Limited Liability Company) and Corporation (C-Corp or S-Corp) directly impacts taxation, corporate governance and fundraising capacity. The LLC is simpler and more flexible for small businesses, while the C-Corp is more suitable for companies that plan to raise venture capital or go public. S-Corps have eligibility restrictions that exclude non-resident shareholders, which typically make them unviable for immigrant founders. Advice from an accountant and lawyer specializing in American business law is recommended.

Each state has its own rules regarding business licenses, state taxes, and operating requirements. Delaware, Wyoming and Florida are popular for registration for tax reasons and regulatory simplicity. The choice of state must consider where the business will actually operate, as physical presence in a different state of registration may generate foreign qualification obligations and additional taxation.

The migration aspect is central for immigrants who want to undertake business in the USA. There are specific categories for investors and founders, each with its own requirements defined by the INA and USCIS.

The EB-5 is the immigrant investor visa, which leads to a green card through investment in a venture that generates at least ten direct jobs for American workers. Under the EB-5 Reform and Integrity Act (RIA) of 2022, the minimum investment is $1,050,000, or $800,000 in Targeted Employment Areas. The initial petition is the I-526E, followed by the I-829 to remove green card conditions after two years.

The L-1 is the intra-company transfer visa, intended for executives, managers (L-1A) or professionals with specialized knowledge (L-1B) transferred from a company abroad to a subsidiary, branch or headquarters in the USA. For founders who already have a company in their home country operating for at least a year, opening an American branch and moving to manage it is a consolidated strategy. The L-1A can lead directly to the EB-1C, a green card without the need for PERM.

The E-2 (treaty investor) is available to nationals of countries that have a commerce and navigation treaty with the US. The investment must be substantial and the capital must be at risk in a non-marginal operating business. Eligibility depends on the investor’s nationality: nationals of non-treaty countries, such as Brazil, India and China, do not qualify directly, but people with dual citizenship of a signatory country can use this route.

O-1A serves founders with extraordinary ability in business, science or technology, demonstrated by awards, media coverage, leadership roles and high compensation. The International Entrepreneur Rule (IER) allows parole of up to five years for startup founders with minimum qualified funding of about $311,000 from U.S. investors or $124,947 in federal or state grants.

Networking is an essential component of business success in the United States. Building relationships with other founders, investors, mentors and industry professionals accelerates business opportunities, strategic partnerships and access to financing.

Participating in sectoral events, joining chambers of commerce and using professional platforms such as LinkedIn are effective strategies. Immigrant communities in the US are active and organized around bilateral business associations, offering support networks and opportunities for collaboration between entrepreneurs.

To transform the idea into action, the structured roadmap is: first, define the business model and validate viability in the American market with demand and competition research. Second, consult American business and tax professionals to define legal structure and registration status.

Third, evaluate migration options with an immigration lawyer, considering profile, available capital, nationality and long-term objectives. Fourth, prepare the documentation and simultaneously start opening the company and applying for a visa, aligning the corporate and migration timeline. Integrated planning between both sides is the key to a successful journey in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.