Top Visa Options for Business and Investment in the United States
The world of entrepreneurship and investment in the United States can be an exciting yet complex journey for foreign nationals. To help navigate this path, a new guide for foreign founders outlines U.S. entry strategies, entity formation options, and corresponding visa strategies.
One such visa that catches the eye of many aspiring entrepreneurs is the E-2 Investor Visa. This visa allows a foreign entrepreneur to live and work in the U.S. while owning and operating a business. It's worth noting that the E-2 visa does not impose a strict minimum investment amount, making it an attractive option for many.
To qualify for the E-2 visa, applicants must meet several eligibility requirements. They must be a national of a treaty country, make a substantial investment, own at least 50% of the business, develop and direct the business, prove intent to depart, and ensure that the investment funds are lawfully acquired.
The process of obtaining the E-2 visa involves several steps. First, it's advisable to consult a U.S. immigration lawyer to ensure all requirements are met and to help with paperwork and legal fees. Second, identify a U.S. business to invest in, either by purchasing an existing business, starting a new one, or investing in a franchise. Third, create a business plan detailing the investment, business model, expected job creation, and economic benefit. Fourth, officially purchase or establish the business using a corporate attorney if necessary. Fifth, commit funds to the enterprise, often done by placing the investment in an escrow account until the visa is approved. Sixth, fill out the online Nonimmigrant Visa Application (DS-160) and submit it. Seventh, schedule an appointment at the nearest U.S. embassy or consulate, prepare required documents, and attend the interview. Eighth, complete any required security checks by the U.S. government. Ninth, after approval, submit the passport to the embassy and collect it with the E-2 visa included.
The entire process typically takes between 2 to 3 months, but the timeline can vary depending on the embassy and individual circumstances. It's important to note that the E-2 visa is a temporary visa, and the holder will need to renew or apply for a different visa if they wish to continue residing and working in the U.S. permanently.
Other visas discussed in the guide include the H-1B visa, which is for workers with a bachelor's degree or equivalent work experience in a "specialty occupation" requiring specialized knowledge in fields such as IT, finance, accounting, etc. Some nurses can qualify if they hold a four-year degree and fulfill a specialized nursing role.
The guide also discusses the L-1 visa, which is designed for intracompany transferees. L-1 visa holders' spouses can work without restriction in the U.S. (using an L-2 visa) once EAD is granted, and the L-1 visa may serve as a stepping stone to a green card under the doctrine of dual intent.
Lastly, the guide emphasizes the importance of budgeting, timelines, tax planning, compliance requirements, and critical considerations such as banking and intellectual property for successful market entry. It's crucial for foreign nationals to understand these aspects to ensure a smooth and successful journey in the U.S. business landscape.
[1] Department of State, "E-2 Treaty Investors,"
- For foreign entrepreneurs looking to navigate the U.S. business landscape, the new guide presents options like the E-2 Investor Visa and the H-1B visa, which caters to workers in fields such as IT, finance, accounting, and some nursing roles.
- In addition to discussing visa strategies, the guide stresses the importance of understanding critical aspects such as budgeting, tax planning, and compliance requirements for a smooth and successful market entry, especially in the field of finance.
