The United States remains the most sought-after destination for global entrepreneurs and investors pursuing international expansion, and the economic rationale explains much of the appeal: economies of scale, dollar-denominated markets, a high-income consumer base, and an unrivaled venture capital ecosystem. What often gets lost in the generic diagnosis, however, is the immigration engineering that makes the move viable. Relocating to the U.S. as an entrepreneur is not purely a business decision — it is a legal one that demands choosing the right visa category for your business stage, founder profile, and intended timeline.
The real weight of immigrants in the economy
Data compiled by the American Immigration Council shows that approximately 45% of Fortune 500 companies were founded by immigrants or their direct descendants. Immigrants account for roughly 22% of all self-employed individuals in the U.S. and generate annual revenue estimated in the hundreds of billions of dollars. In the STEM sector, immigrant participation reaches 24% of the skilled workforce, according to the National Foundation for American Policy. For international readers, the practical takeaway is clear: the U.S. does not absorb foreign entrepreneurs as an exception — it treats them as a structural component of company formation.
E-2: the treaty visa for investors
The E-2 visa is the fastest entry point for entrepreneurs who are nationals of countries with a commerce and navigation treaty with the United States. Brazil is not on the list of E-2-eligible countries — a critical point to establish upfront. Brazilians typically access the E-2 through dual citizenship (Portugal, Italy, Spain, Germany, among others). The E-2 requires a substantial, at-risk investment in an active U.S. business. There is no statutory minimum, but consular practice typically works with thresholds starting at $100,000 to $200,000 depending on the industry. The investor must hold at least 50% of the business, demonstrate lawful source of funds, and prove the enterprise is not marginal — meaning it generates income beyond what is needed to support only the investor. The E-2 is renewable indefinitely as long as the business remains active, but it does not lead directly to a green card.
L-1: the intracompany transfer
The L-1 is the preferred category for companies already operating abroad that wish to open a branch, subsidiary, or affiliate in the United States. It comes in two forms: L-1A (executives and managers) and L-1B (specialized knowledge). The applicant must have worked at least one continuous year within the past three years for the foreign parent entity. For new offices (U.S. entities with less than one year of operation), the initial approval is valid for up to one year, with renewals conditioned on evidence of actual operations, hiring, and a physical presence. The L-1A allows a maximum stay of seven years and provides a direct path to the EB-1C — the green card category for multinational executives that bypasses labor certification (PERM) and tends to have more predictable timelines.
EB-5: the investor immigrant pathway
The EB-5 leads directly to a green card and was overhauled by the EB-5 Reform and Integrity Act of 2022. Current thresholds are $1,050,000 for direct investment and $800,000 when capital is deployed in a Targeted Employment Area (TEA) — a rural or high-unemployment area — or in infrastructure projects. The investment must create or preserve at least 10 full-time jobs for U.S. workers. The most common route is through Regional Centers, USCIS-authorized entities that pool capital from multiple investors into real estate and infrastructure projects, which allows indirect jobs to count toward the requirement. The EB-5 leads to a conditional green card for two years (an approved I-526E followed by I-485 or consular processing via DS-260), with conditions removed through a final I-829 petition.
EB-1C and EB-2 NIW: green cards for leadership profiles
For entrepreneurs already running multinational operations, the EB-1C requires one year of service as an executive or manager at a foreign entity affiliated with the U.S. entity, which must have been operating for at least one year. It is the permanent counterpart to the L-1A. The EB-2 NIW (National Interest Waiver), on the other hand, is an underused route for entrepreneurs: it waives the job offer and PERM labor certification requirements if the professional demonstrates that their venture meets the three criteria of Matter of Dhanasar (2016) — substantial merit and national importance of the endeavor, the petitioner’s positioning to advance it, and a balance of factors favoring the waiver. Founders with market traction, intellectual property, significant contracts, or documented sector impact have found fertile ground in this category.
How the tax and regulatory environment interacts with visa choice
The tax predictability of the U.S. — frequently cited as a key draw — requires careful interpretation. The choice of corporate structure (LLC, C-Corp, S-Corp) interacts directly with the type of visa. E-2 and EB-5 investors typically operate through a C-Corp or LLC; founders targeting venture capital fundraising or an IPO will need a C-Corp incorporated in Delaware. U.S. tax residency is triggered when the investor becomes a lawful permanent resident or meets the substantial presence test, and this affects the taxation of worldwide income and the obligation to report foreign assets (FBAR, FATCA).
Sectors where the door is most open
The regulatory environment is especially favorable for technology, biotech, clean energy, advanced manufacturing, agritech, and professional services. Cities such as Miami, Orlando, Austin, Boston, New York, and the San Francisco Bay Area concentrate capital, skilled labor, and established Brazilian entrepreneurial communities, which reduces operational friction. For investors active in international trade, port hubs like Houston and Los Angeles offer logistical advantages that translate into real margin gains.
Mistakes that slow the journey
Three recurring mistakes stand out among international entrepreneurs: underestimating the documentation required to prove lawful source of funds, establishing a U.S. entity with an inadequate structure that must later be dismantled for visa purposes, and starting the immigration process without a business plan written by a qualified economist when one is required. For EB-5 and E-2, the robustness of the business plan and employment projections is not a cosmetic detail — it is a central piece of the approval package.
Choosing between E-2, L-1, EB-5, EB-1C, and EB-2 NIW is not a matter of preference. It is an equation that combines available capital, corporate structure, accessible citizenships, intended length of stay, and the ambition to obtain a green card. Entrepreneurs who treat their visa as infrastructure — not as a bureaucratic footnote — go further and faster in the U.S. market.
Learn more about EB-2 NIW
- Category
- EB-2 NIW Green Card
- Self-petition
- Allowed (no sponsor needed)
- PERM
- Waived
- Processing
- 12-36 months
Victoria Harper
Editor-in-Chief
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.