Visas for International Entrepreneurs in the USA

Business immigration to the United States is a strategic path for entrepreneurs who wish to expand their businesses on American soil, combining corporate growth with legal residence abroad. The US immigration system provides specific categories for investors and executives, each suited to a different profile: from the passive investor in regional center projects to the manager opening a new subsidiary or the professional with internationally recognized extraordinary skills.

Choosing the appropriate visa depends on four main variables: the volume of capital available for investment, the pre-existing corporate structure in the country of origin, the type of operation planned in the USA and the long-term objectives in terms of stay. Each category has its own legal requirements, distinct processing times, and limitations that need to be understood before initiating any application with USCIS.

This guide presents the main visa options for international entrepreneurs, with up-to-date information on requirements, fees, forms and planning strategies for well-structured business immigration.

The EB-5, provided for in INA § 203(b)(5), is the most popular immigrant visa category for foreign investors. It offers a direct path to a Green Card and requires a qualified investment in a U.S. business that creates at least 10 full-time jobs for U.S. citizens or legal permanent residents.

The standard minimum investment is US$1,050,000, which can be reduced to US$800,000 when invested in a Targeted Employment Area (TEA), a category that includes rural regions and areas with an unemployment rate above 150% of the national average. One popular route is to apply through USCIS-authorized Regional Centers, which manage consolidated projects and allow indirect employment to be counted toward meeting the job creation requirement.

The EB-5 process begins with the I-526E (in the case of Regional Centers) or I-526 (direct investment) petition, goes through the conditional release of the Green Card for two years and ends with the I-829, which removes the conditions and consolidates permanent residence. Demonstrating the legal origin of the invested funds, known as Source of Funds, is one of the most critical points in the process, alongside the detailed business plan and subscription contracts.

Although it is one of the most demanding options in terms of capital, the EB-5 offers the advantage of not requiring prior business experience or specific professional qualifications, and admits the investor, spouse and single children under 21 years of age.

The E-2 visa is intended for national investors from countries that maintain a trade and navigation treaty with the United States. The official list of eligible countries is maintained by the State Department and includes jurisdictions such as Italy, Portugal, Japan, Spain, the United Kingdom, Germany, Argentina, Mexico and Chile, among dozens of others.

When the entrepreneur’s country of citizenship is not on the list, it is common for the investor to obtain citizenship by descent or naturalization in an eligible jurisdiction and then request the E-2 from that passport. This route requires medium-term planning, but is widely used by investors from abroad who do not have direct access to the treaty.

The E-2 allows you to invest in and actively manage a business in the US with substantial investment. The regulations do not set an absolute minimum value: the capital must be proportional to the total cost of the project and sufficient to guarantee operational viability. In practice, applications under US$100,000 face more scrutiny, and the investment needs to be committed (at risk) before the application is submitted.

This is a non-immigration visa with an initial validity of up to 5 years, renewable indefinitely while the business is in operation. Unlike EB-5, E-2 does not offer a direct path to a Green Card, but allows continued residence and work while the business is active, and admits a spouse with automatic work authorization in the US.

The L-1A is the recommended option for entrepreneurs who already have consolidated operations abroad and wish to expand to the United States. This visa, regulated in 8 CFR § 214.2(l), allows the transfer of executives or managers to a branch, subsidiary, affiliate or office of the same company on American soil.

The main requirement is that the professional has worked in an executive or managerial position at the entity abroad for at least one continuous year in the last three years. The company must demonstrate a qualified corporate relationship (parent company, subsidiary, affiliate or subsidiary) between the two entities and prove that both are still in active operation.

The initial L-1A is valid for up to 3 years for consolidated offices and for 1 year in cases of new offices, with extensions in increments of 2 years up to a maximum limit of 7 years. The form used is the I-129, with a USCIS base fee, a fraud prevention fee of US$500 and an additional anti-fraud fee for employers with a high number of L and H petitions. A strategic advantage is that the L-1A is considered dual intent, that is, it allows you to apply for the EB-1C Green Card without compromising the maintenance of the temporary visa.

The O-1A is an underutilized path for entrepreneurs with extraordinary business skills. It requires the applicant to demonstrate sustained national or international recognition in the field of activity, according to the criteria listed in 8 CFR § 214.2(o).

In January 2022, USCIS published the so-called Policy Manual update on O-1A for STEM and entrepreneurs, clarifying how typical evidence from the entrepreneurial ecosystem (investment rounds, citations in specialized media, participation as a judge in pitch competitions, role in organizations with a distinguished reputation) can satisfy the category criteria. The O-1A is non-immigration, but often serves as a strategic bridge to the EB-1A or EB-2 NIW.

The International Entrepreneur Rule (IER), set out in 8 CFR § 212.19, is not a visa, but rather a parole authorization granted to founders of startups with proven traction. The candidate must demonstrate substantial ownership interest (at least 10%), central role in the operation and recent raising of qualified capital (above US$311,071 from qualified investors or US$124,429 in public grants, amounts adjusted periodically). The IER grants an initial stay of up to 30 months, extendable for another 30, totaling up to 5 years of legal operation in the USA before migrating to a permanent visa.

Business immigration requires careful planning on multiple fronts. Before starting any application, it is essential to define clear objectives: is the entrepreneur looking for a permanent Green Card, does he want to maintain flexibility with a temporary visa, or does he plan to expand existing operations? The answer to these questions guides the choice of the most appropriate visa and the execution schedule.

Researching available options needs to consider the financial profile, pre-existing corporate structure and business projections. Gathering the necessary documentation in advance is essential, as each visa category requires specific proof of investment origin, professional history, corporate ties and detailed financial documents.

A well-designed business plan is a central part of any visa application for entrepreneurs. For EB-5, it must meet the Matter of Ho standard, demonstrating the viability of the enterprise, revenue projections and effective ability to generate the required 10 jobs within two years. For E-2, the plan must prove that the investment is substantial and that the business is not marginal, that is, that it has the capacity to generate income above the subsistence level of the investor and his family.

The document must include market analysis, realistic financial projections for five years, organizational structure with detailed organization chart and operations strategy. The quality of this material can be decisive for approval, as USCIS and consulate officials evaluate the consistency between the plan, the financial documents presented and the entrepreneur’s experience.

Advice from professionals specialized in business immigration, including lawyers accredited by the American Immigration Lawyers Association and accountants with experience in cross-border structuring, is highly recommended to navigate the complexity of these processes and maximize the chances of approval.

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.