The article discusses the visa options to start a business in USA. The United States is the country with the largest economy in the world. Consumer demand for goods and services in the country is strong, reaching approximately $17 trillion per year in June 2022. In addition, the business climate is favorable, with manageable regulatory regime in most states and an advanced judicial system which protects the rights of both foreign and domestically owned businesses.
As such, there is no surprise that entrepreneurs and investors from all over the world are looking to start a business in the USA. However, that raises the question: what visa do I need to start a business in USA?
What visa do I need to start a business in USA?
The important question is do I need a visa to start a business in USA? For those investors and entrepreneurs from countries that are on ESTA or have visa-free travel to the USA for tourism and business purposes, it is possible to enter the USA, register a company, negotiate contracts and hire US managers and employees to run the company.
The same is possible for those holding a B1/B2 visa. However, the B1/B2 status given to ESTA holders, Canadian citizens and B1/B2 visa holders does not allow for productive work from US territory. Read our complete guide on U.S. employment and work authorization for Canadians in Can Canadians Work in the US Without Visa?.
Basically, an individual in B1/B2 status can take steps towards starting a business in the USA but cannot manage the operations of that business or run the day-to-day operations while in the United States without a visa that gives them a right to work.
The only option in B1/B2 status is to either pursue a different US visa or status that allows for the business owner to work in the US and manage and run their business from US territory or to be a passive investor.
Visa options to start a business in USA
If you want to start and manage your business in USA, the visa options to start a business in USA are:
1. L-1 visa
The L-1 visa allows a company to transfer an executive, manager or a specialized knowledge employee from one of the company’s affiliated foreign offices to one of its offices in the United States.
For investors and entrepreneurs whose businesses do not yet have a working subsidiary, branch or an affiliate in the United States, the L-1 visa allows the foreign company to send an executive or manager to the United States for the purpose of setting up the new US operations. This includes sending the principal investor or entrepreneur to the US on an L1 visa. To learn more about all the L-1 visa requirements visit L-1 visa (L1-A & L-1B) and  L1 Visa for Canadians or contact our L-1 visa lawyer to schedule a consultation.
2. E-1 visa
The E-1 visa allows foreign business owners, investors and entrepreneurs who engage in substantial international trade of goods and/or services with the US to come to the country and develop their business.
To qualify for an E-1 the individual must be a citizen of an E-1 treaty country. Currently, 55 countries have a treaty with the USA for E-1 visas.
3. E-2 visa
The E-2 visa allows E-2 treaty countries investors to move to the US by making a substantial business investment.
Investors can bring immediate family members, including spouses and children under 21, to live in the US. To learn more, visit E-2 visa for spouse and children.
E-2 businesses can also sponsor E-2 employees in executive, managerial, or specialized roles.
You can qualify for E-2 investor visa by starting a new business or buying an existing US business for the E-2.
You can apply for an E-2 visa at a US consulate abroad or through E2 status change inside the US.
Keep in mind that applying for E2 while in the US is possible under certain circumstances, but is not available to individuals travelling to the United States on ESTA.
E-2 visa validity depends on the specific treaty between the investor’s home country and the United States. The visa can be renewed indefinitely as long as the business remains active and employs US workers.
To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.
To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?
Find out more about other E-2 visa success stories and approvals, E-2 visa for spouse and dependents, E-2 visa renewal process, other investment visa options, E-2 for Australians, E-2 for UK Citizens and other visa options to start a business in the US for you.
Contact our top-ranked E2 visa lawyer to schedule a consultation.
4. International Entrepreneur Rule
While technically not a visa, the International Entrepreneur Rule helps entrepreneurs grow US businesses backed by qualified investors.
Through this program, the Department of Homeland Security grants temporary parole for eligible noncitizen founders to enter the US.
To qualify, entrepreneurs must hold at least 10% ownership and play an active, central role in business operations.
Additionally, the startup must secure substantial investor funding and demonstrate significant potential for public benefit.
You can visit our page on the International Entrepreneur Rule to learn about the requirements and process in detail.
5. O-1 visa
The O-1 visa is for individuals who have an extraordinary ability in various fields, including science, education, business, or athletics (O-1A), and the arts and motion picture/television (O-1B).
A US employer or designated agent can file for an O-1 visa for a foreign national but a foreign individual cannot file for an O-1 visa on his or her own behalf under the current regulations. However, although the foreign national cannot self-petition, a separate US legal entity owned by the foreign national may be eligible to file a petition for the O-1 visa.
To learn more, visit O-1 visa.
6. EB-1C visa
The EB-1C visa is usually viewed as the next step for a manager or executive, after obtaining an L-1 visa and successfully establishes US business operations.
The program allows the foreign national to obtain permanent residence (green card) upon entering the United States with a valid EB-1C immigrant visa.
The EB-1C is for multinational managers or executives who were employed outside the United States in such positions in the 3 years preceding the petition for at least 1 year by a company that has qualifying relationship to the US employer. The multinational manager or executive must seek to come to the United States to continue working for the same firm or organization.
It is suitable for larger organizations that have multiple layers of management but EB-1C can be an option for smaller businesses as well, including for business owners of small businesses. To learn more, visit our EB-1C visa success stories or EB-1C for Change of Employer or Job.
7. EB-5 visa
The EB-5 immigrant investor program is for investors seeking to live in the US permanently (becoming green card holders).
The EB-5 visa program requires foreign investors to invest in a US business and create 10 full-time jobs. The minimum investment is $1,050,000, or $800,000 in a rural or high-unemployment area.
You can make a direct investment or invest passively through a designated Regional Center. Regional Centers finance US projects with foreign capital to create jobs and boost the economy. To learn more, visit Understanding EB-5 Regional Centers.
Meeting these investment and eligibility requirements allows you and your immediate family to apply for EB-5 visas.
Our lawyers help E-2, L-1, and other visa holders preserve their eligibility for EB-5 green cards. To learn more about EB-5 for Canadians, visit EB-5 visa for Canadians. For E-2 and L-1 visa for Canadian citizens, visit E-2 visa for Canadians and L-1 visa for Canadians
Our EB-5 visa lawyers in Miami, Florida USA have extensive background in immigration and business corporate law. We also provide unparalleled financial expertise for worry-free US green card through investment immigration.
Our team includes a Chartered Financial Analyst (CFA) specializing in M&A, business valuation and investment. This expert financial analysis minimizes investment risk and streamlines your US visa application.
To learn more about obtaining permanent residency through investment and the EB-5 immigrant investor program, contact us.
Why Partner with Malescu Law?
Our experienced immigration lawyers can provide you with advice regarding:
- Visa Suitability & Strategy: We evaluate your investment goals, business type, and residency plans to identify your optimal immigration pathway. We evaluate costs, processing timelines, and real-world viability to protect you from choosing a visa that looks easy on paper but fails in practice.
- Business Selection & Entity Structuring: Not every commercial enterprise fits every visa. We analyze your business size, startup costs, government requirements, and job creation potential to help you choose and structure the right US entity.
- In-House Financial Analysis: Our team includes a Chartered Financial Analyst (CFA) with expertise in M&A transactions, business valuation, and investment risk. We submit institutional-grade financial documentation to USCIS and US Consulates, reducing investment risk and expediting petition approvals.
Start or expand your business in the United States. We provide federal US immigration representation nationwide, including all 50 states, Washington D.C., and Puerto Rico.
Contact us now or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers