Visa to Start a Business in the USA: Comparative Guide 2026

Entrepreneurs who wish to operate a business in the United States face a strategic decision even before drafting their business plan: which visa category offers the best balance between requirements, costs, and possibilities for staying? The answer depends on the investor’s profile, available capital, and long-term goals. The American immigration system offers four main paths for those who want to start a business on U.S. soil, each with distinct rules, timelines, and implications.

E-2 Visa: Treaty Investor

The E-2 is the most commonly used path for Brazilian entrepreneurs who want to operate a company in the United States. Created under the Immigration and Nationality Act (INA) § 101(a)(15)(E)(ii), the visa requires the applicant to be a citizen of a country with a bilateral treaty of commerce and navigation with the U.S. Brazil is on the list of eligible countries, making this category accessible to Brazilian entrepreneurs.

USCIS requires an investment considered substantial, with no minimum amount set by law. In practice, most approved petitions involve investments starting at US$ 100,000, although smaller investments may be accepted if they are proportional to the total cost of the business. The investor must demonstrate control of the company (at least 50% ownership or operational control) and prove that the business is not marginal, meaning it generates income beyond mere family subsistence.

The E-2 allows the spouse to apply for work authorization in the U.S. through form I-765. The visa is renewable indefinitely in intervals of two to five years, as long as the company continues to operate. However, the E-2 does not offer a direct path to a Green Card. In 2026, consular processing takes 2 to 4 months, and Premium Processing costs US$ 2,965 (amount updated in March 2026).

L-1A Visa: Intracompany Transfer

The L-1A is the natural choice for business owners who already have a company abroad and wish to open or manage a branch, subsidiary, or affiliate in the United States. The category is regulated by INA § 101(a)(15)(L) and requires the beneficiary to have worked in an executive or managerial position at the foreign company for at least one year in the last three years.

Unlike the E-2, the L-1A does not require a minimum investment amount. What matters is the existence of a qualified corporate relationship between the foreign company and the U.S. operation. USCIS evaluates the structural and financial viability of the U.S. operation, especially when it comes to a new office.

The major strategic advantage of the L-1A is that it serves as a bridge to the Green Card via EB-1C, the category for multinational executives and managers, which does not require labor certification (PERM). The petition fee (form I-129) in 2026 is US$ 1,385, plus the Fraud Prevention and Detection Fee of US$ 500 for initial petitions. Standard processing takes 2 to 6 months, with a Premium Processing option in 15 days for US$ 2,965.

O-1A Visa: Extraordinary Ability

The O-1A is aimed at professionals who demonstrate extraordinary ability in sciences, education, business, or athletics. Regulated by INA § 101(a)(15)(O), the visa requires proof that the beneficiary is among the small percentage who have reached the top of their field.

To qualify, the candidate must present evidence of a major international award or meet at least three of the eight criteria defined by USCIS: national or international awards, membership in exclusive associations, publications about the candidate in relevant outlets, participation as a judge, original contributions of major significance, academic articles, employment in distinguished organizations, and high remuneration.

For startup founders and tech entrepreneurs, the O-1A is particularly attractive because it does not require a minimum investment and can be requested based on fundraising, patents, demonstrable economic impact, or industry recognition. The visa is initially valid for up to three years, with one-year extensions, and serves as a bridge to the EB-1A or EB-2 NIW, both paths to a Green Card.

EB-5 Visa: Green Card by Investment

The EB-5 is the only category on this list that offers permanent residency from the start of the process. Regulated by INA § 203(b)(5) and reformed by the EB-5 Reform and Integrity Act (RIA) of 2022, the program requires a minimum investment of US$ 800,000 in projects located in Targeted Employment Areas (TEA) or US$ 1,050,000 outside them. These amounts remain in effect in 2026.

The investor must create or preserve at least 10 full-time jobs for American workers. For investments through regional centers, jobs can be calculated using economic models of indirect impact. USCIS conducts a detailed analysis of the lawful source of funds, which requires robust documentation on assets, income, asset sales, and bank transfers.

The petition is filed using form I-526E for projects linked to regional centers. Processing times vary, but typically take 12 to 24 months. The EB-5 is the most direct path for entrepreneurs with high available capital, but involves significant costs including investment, administrative fees, and legal fees.

B-1/B-2 Not for Business Operations

The B-1/B-2 visa only allows preparatory activities such as exploratory meetings, market research, contract negotiations, and conference participation. Performing operational functions, receiving compensation from a U.S. source, or actively managing a company in the U.S. with a tourist visa violates the terms of admission and can result in visa cancellation, future inadmissibility, and removal orders.

Which Category to Choose

There is no universally superior visa for entrepreneurship in the U.S. The choice depends on three main factors: available capital, existing business structure, and long-term immigration goals.

• E-2: best balance between accessibility and operational flexibility, ideal for those who want to start quickly, but does not guarantee a Green Card
• L-1A: best option for those who already have a company abroad and seek a path to permanent residency via EB-1C
• O-1A: works for founders with a distinguished profile who can document extraordinary ability, with no investment required
• EB-5: only direct path to a Green Card by investment, but requires high capital and extensive documentation

U.S. immigration rules are constantly being revised. In 2026, changes in Premium Processing, fee adjustments, and new integrity requirements for the EB-5 program make updated analysis essential before any decision. The choice of the appropriate visa should consider not only current requirements but also the medium- and long-term immigration strategy.

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.