Entering the U.S. to Start a Business as a Foreigner
Foreign entrepreneurs and professionals frequently reach out to immigration attorneys at Green Card Link to explore their options for launching or expanding a business in the United States. While each case is unique, there are several U.S. visa pathways designed to support business development and investment. Below, we break down some of the most common visa categories, including business visitor visas, treaty investor visas, intracompany transferee visas, and more.
Nonimmigrant Business Visa Options
A nonimmigrant visa is intended for individuals who keep a permanent residence abroad but need temporary entry into the U.S. for business, work, or study. Many mistakenly assume that the B-1 Business Visitor Visa is the best choice for starting a U.S. business simply because of its name. However, that is a misconception.
The B-1 visa is meant for short-term visits (typically up to six months, with possible extensions up to one year). To qualify, applicants must ensure that their planned activities fall within the permitted scope, and they must present documentation showing sufficient financial means to support their stay.
Permitted B-1 activities include:
- Conducting or facilitating negotiations
- Attending meetings, planning investments, or evaluating business purchases
- Conducting research, interviews, or preliminary hiring
- Searching for office space and negotiating leases
- Purchasing goods or materials related to business operations
While a B-1 visa may be valid for up to 10 years, each entry allows only a six-month stay.
Disadvantages of the B-1 visa include:
- Limited flexibility compared to other visas
- Short-term nature (not intended for ongoing business operations)
- Inapplicability for direct labor or employment in the U.S.
If you already operate a business abroad, you may want to consider other options such as the L-1, E-1, E-2, or EB-5 visas.
L-1 Intracompany Transferee Visa
The L-1 visa is designed for executives, managers, and specialized employees of multinational companies. It enables a company to transfer qualified staff between its U.S. and foreign offices.
Advantages of the L-1 visa include:
- Spouses and dependents may apply for L-2 visas, which allow lawful employment in the U.S.
- Employers can file blanket petitions to cover multiple L-1 applicants simultaneously.
Types of L-1 visas:
- L-1A: For executives and managers, including those tasked with opening a new U.S. branch or office. (Initial visa valid for one year, then reevaluated by USCIS.)
- L-1B: For employees with specialized knowledge about company processes, technology, or equipment.
If you believe the L-1 visa fits your situation, it’s crucial to work with an immigration attorney at Green Card Link for strategic guidance.
E Visa Options (E-1 and E-2)
The E visa category supports entrepreneurs and investors from treaty countries. These visas allow foreign nationals to engage in trade or investment activities in the U.S.
- E-1 Treaty Trader Visa: For companies or individuals from treaty nations engaging in substantial trade (goods, services, or technology) with the U.S. At least 50% of trade must occur between the U.S. and the treaty country.
Key benefits:- Unlimited two-year extensions while maintaining status
- Ability to travel freely in and out of the U.S.
- Spouses can work legally in the U.S.
- Unlimited two-year extensions while maintaining status
- E-2 Treaty Investor Visa: For individuals investing a substantial amount of capital in a U.S. business. USCIS does not set a minimum dollar amount, but the investment must be significant in proportion to the business’s total value.
Examples:- For a $5 million enterprise, a $500,000 investment (10%) may qualify.
- For a $150,000 enterprise, nearly the entire amount may be required.
- For a $5 million enterprise, a $500,000 investment (10%) may qualify.
Both E-1 and E-2 visas allow indefinite renewals as long as conditions are met, and dependents may accompany the visa holder.
EB-5 Investor Green Card
For those seeking permanent residency, the EB-5 Immigrant Investor Program provides a direct path to a green card. To qualify, applicants must:
- Invest $1,000,000 in a U.S. commercial enterprise, or $500,000 in a targeted employment area (rural or high-unemployment regions).
- Demonstrate that their investment will create at least 10 full-time U.S. jobs.
- Establish or invest in a qualifying commercial enterprise, such as a partnership, corporation, joint venture, or sole proprietorship, created after November 1990.
Each year, 10,000 EB-5 visas are available, with 5,000 reserved for applicants through USCIS-approved regional centers. Spouses and unmarried children under 21 may also obtain green cards.
H-1B Visa and Business Startups
Although the H-1B visa requires a sponsoring employer and does not allow self-petition, it can still support entrepreneurs under the right conditions. To qualify, applicants must establish a valid employer-employee relationship with their company—often achieved by setting up a board of directors or CEO who holds authority over employment decisions.
This structure ensures compliance with USCIS rules while allowing entrepreneurs to launch a U.S. startup under H-1B status.
Final Tips for Entrepreneurs
U.S. immigration agencies, including USCIS and the Department of Labor, closely review visa petitions to ensure they do not harm the American workforce. Hiring U.S. workers as early as possible can significantly strengthen your case—especially for L-1A petitions involving new offices. Demonstrating that your business benefits the U.S. economy and workforce is key to long-term visa approval.
How Green Card Link Can Help
Starting a business in the U.S. requires both financial commitment and strategic immigration planning. Your visa is as critical to your success as your business model itself. At Green Card Link, its immigration attorneys bring extensive experience in employment-based and investment visa cases. They can guide you through every step of the process, from identifying the best visa option to preparing thorough documentation that maximizes your chances of approval.