What visa options are available for entrepreneurs?

We’re excited to announce the launch of our new series, “Ask an Immigration Attorney,”?where we will address insightful questions commonly raised during consultations. This series is designed to provide valuable information not only to entrepreneurs and business professionals but also to individuals navigating the complexities of family immigration and naturalization. Our goal is to establish our firm as a trusted, knowledgeable resource across areas of U.S. immigration law, from business visas to family reunification and citizenship.

To kick off the series, here’s a question we frequently receive: What U.S. work visa options are available to foreign entrepreneurs?

For those interested in starting, expanding, or investing in a business in the U.S., several visa options are available, including:

1. E-2 Treaty Investor Visa: Ideal for entrepreneurs from treaty countries investing in a U.S. business and intend to take an active role in its operations.

2. L-1 Intracompany Transferee Visa: For entrepreneurs transferring to a U.S. branch of their foreign company, particularly in an executive or managerial role, or those seeking to open a new U.S. office.

3. O-1 Extraordinary Ability Visa: This visa is for individuals who have achieved extraordinary recognition in their field, such as entrepreneurs, innovators, and business leaders with a demonstrated track record of excellence.

4. H-1B Specialty Occupation Visa: While typically associated with professionals in specialty fields, entrepreneurs who meet specific criteria and demonstrate control over their own U.S.-based business can also apply for this visa.

5. TN Visa: Available to citizens of Canada and Mexico, this visa allows qualified professionals to work in the U.S. in designated fields. Entrepreneurs from these countries may also explore this option if their role aligns with the eligible professions.

6. EB-1C Multinational Manager or Executive Visa: This immigrant visa is designed for multinational executives and managers transferred to the U.S. to manage a branch, affiliate, or subsidiary of their foreign company. It provides a direct path to permanent residency (green card).

7. EB-1A Extraordinary Ability: Reserved for individuals who have risen to the top of their field of expertise, the EB-1A allows entrepreneurs, executives, and innovators with demonstrated extraordinary ability to obtain permanent residency.

8. National Interest Waiver (EB-2 NIW): Entrepreneurs whose work is in the national interest of the U.S. may qualify for a green card. This option is ideal for those with significant contributions to their field or business ventures that serve the broader public good.

9. EB-5 Immigrant Investor Visa: For entrepreneurs who wish to make a significant financial investment in a U.S. commercial enterprise and create jobs for U.S. workers. This visa can lead to permanent residency (a green card).

Each visa category has its own eligibility requirements, and navigating the complexities of U.S. immigration law can be challenging. Consulting with an immigration attorney is important to determine which option best fits your unique circumstances and long-term business goals.

???Have more questions??Contact us for personalized immigration guidance—whether you’re an entrepreneur, an individual seeking family reunification, or looking to apply for U.S. citizenship.

Stay tuned for more in our?“Ask an Immigration Attorney”?series!

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