Immigrant entrepreneurs have a variety of immigration pathways available to them to establish start-up companies in the United States. There is not yet a specific entrepreneur visa available to immigrant entrepreneurs. However, there are numerous immigrant visa (permanent residence visa) and nonimmigrant visa (temporary visa) categories in which entrepreneurs are eligible to start and grow a business in the U.S. Please see the available categories below.
Entrepreneurs In Residence Initiative
In 2011, the White House and the Department of Homeland Security announced a series of new initiatives to grow the U.S. economy and create American jobs. As part of these efforts, USCIS sought to ensure that it was realizing the full potential of our current immigration system to attract and retain immigrants founding startup enterprises that promote innovation and create jobs in America. Immigrant entrepreneurs are some of our nation’s most successful job creators but the existing immigration framework, and USCIS policies and practices, did not serve their industry well or reflect the business realities they faced. Solving this important challenge required expertise, fresh ideas, focus, and time. The Entrepreneurs in Residence (EIR) model provided all of this: it brought together professionals with diverse talents from inside and outside government to work together as a team on outcome-oriented solutions within a short and focused time frame. USCIS announced the EIR initiative at a meeting of the President’s Council on Jobs and Competitiveness in October 2011 and formally launched the initiative at a national stakeholder summit in Silicon Valley in February 2012.
In November 2012, the EIR team launched Entrepreneur Pathways, a custom-designed resource for immigrant entrepreneurs that provides them with the tools and information to determine which visa category is most appropriate for their particular circumstance. Entrepreneur Pathways makes information about relevant visa categories readily available to help entrepreneurs better understand the variety of immigration pathways, and the requirements for each potential pathway, that could enable them to start or grow a business in the United States.
To learn more please call us or visit Entrepreneur Pathways.
Nonimmigrant Visa Entrepreneur Pathways
You may be eligible for a B-1 visa if you are coming to the United States as a business visitor in order to secure funding or office space, negotiate a contract, or attend certain business meetings in connection with opening a new business in this country.
Initial period of stay in the United States: Generally up to 6 months. Extensions possible.
You may be eligible for Optional Practical Training (OPT) if you are an F-1 student in the United States and you seek to start a business that is directly related to your major area of study. Students in English language training programs, however, are ineligible for OPT.
Maximum possible work authorization: An F-1 student may be authorized for up to 12 months of OPT, and becomes eligible for another 12 months of OPT when he or she seeks another post-secondary degree at a higher degree level. An F-1 student with a qualifying Science, Technology, Engineering or Mathematics (STEM) degree may apply for a 17-month extension of their post-completion OPT.
You may be eligible for an H-1B visa if you are planning to work for the business you start in the United States in an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians), and you have at least a bachelor’s degree or equivalent in a field related to the position.
Initial period of stay in the United States: Up to 3 years. Extensions possible in up to 3 year increments. Maximum period of stay generally 6 years (extensions beyond 6 years may be possible).
You may be eligible for an O-1A visa if you have extraordinary ability in the sciences, arts, education, business or athletics, which can be demonstrated by sustained acclaim and recognition, and you will be coming to the United States to start a business in your field. Extraordinary ability means you have a level of expertise indicating you are one of the small percentage of people who have risen to the very top of your field.
Initial period of stay in the United States: Up to 3 years. May extend or renew the period of stay in 1 year increments as necessary to complete or further the event or activity.
You may be eligible for an E-2 visa if you invest a substantial amount of money in a new or existing U.S. business. You must be from a country that has a treaty of commerce and navigation with the United States or a country designated by Congress as eligible for participation in the E-2 nonimmigrant visa program. For a list of treaty countries, visit the U.S. Department of State.
Initial period of stay in the United States: Up to 2 years. May extend or renew the period of stay in 2 year increments.
You may be eligible for an L-1 visa for “intracompany transferees” if you are an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization (including an affiliate, parent, subsidiary or branch of your foreign employer) for at least one year within the 3 years preceding the filing of your L-1 petition (or in some cases your admission to the United States). The organization must seek to transfer you to the United States to work in one of the capacities listed above.
Initial period of stay in the United States: Up to 3 years (1 year for new office petitions). Extensions possible in up to 2 year increments. Maximum period of stay: 7 years for managers and executives; 5 years for specialized knowledge workers.
Immigrant Visa Entrepreneur Pathways
You may be eligible for the EB-1 extraordinary ability immigrant classification if you have extraordinary ability in the sciences, arts, education, business, or athletics as demonstrated by sustained national or international acclaim and recognized achievements in the field of expertise. In addition, you must show that you will continue working in your area of extraordinary ability. Extraordinary ability means that your level of expertise indicates that you are one of the small percentage of individuals who have risen to the very top of your field. You may self-petition as an extraordinary ability individual since a job offer is not required for this classification.
The EB-2 classification is divided into two sub-categories: professionals with advanced degrees and individuals with exceptional ability in the sciences, arts or business. Although a job offer from an employer and a labor certification from the Department of Labor are generally required for the EB-2 classification, you may be eligible to self-petition if you are asking for a waiver of the labor certification requirement based on the national interest.
You may be eligible for this category if: (1) you are a professional holding a U.S. master’s degree or higher or foreign equivalent degree that relates to the field you will be working in; or (2) you have a U.S. Bachelor’s degree or foreign equivalent degree and at least 5 years of progressively responsible experience in your field after receiving your Bachelor’s degree.
You may be eligible for this category if you have exceptional ability in the sciences, arts, or business. Exceptional ability means that you have a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.
How Subhan Law Office, LLC, Can Help You
There are a variety of options that may be available to you as an entrepreneur to come to the United States to start or expand a business. To plan accordingly for your particular circumstances, you should consider your immigration options as early as possible when conceptualizing your business plans and goals. We will help you identify the visa pathways that are most appropriate for your circumstances and plans, advise you on any and all legal issues, prepare all necessary forms, review and assist you with collecting all necessary documentation, draft supporting materials, and advise and counsel you on the entire entrepreneur visa process to make the experience as convenient for you as possible. We look forward to working with you to help you start a company in the United States. Call Subhan Law Office, LLC, today at 414-223-5718 or toll free at 1-855-946-6848.