When it comes to foreigners looking to enter the United States with the purpose of starting a business, while each case is different, there are several visa options made available by the U.S. government. In this article, we will explore which visa options may be appropriate to start an enterprise in the United States as a foreigner that you should consider.
The B-1 Business Visitor Visa
Usually, individuals think the B-1 Business Visitor Visa is the most suitable option for someone who wants to start a business in the United States simply because of its name. Unfortunately, this is a common misconception.
The B-1 Visa is intended for those who wish to stay in the U.S. for a limited period, generally less than 6 months. A great way to determine whether this is the right visa for you is to carefully look at which business activities are permitted under the B-1 status. If you can honestly state that your intentions fall under these categories and can provide sufficient evidence to support that statement, the B-1 visa may be the answer for you. The business activities permitted under the B-1 status include:
- Conducting negotiations.
- Planning meetings, purchases, or investments.
- Carrying out research, hiring staff, or conducting interviews.
- Purchasing goods related to the business.
- Looking for an office space and negotiating a commercial lease.
L-1 Visa
The L-1 Intra-Company Transferee Visa is for individuals who work for a multinational company in positions such as high-level executives, managers, or other specialized employees. This visa is generally sought when the company needs to transfer these individuals to the U.S. and back to the foreign country repeatedly and constantly.
There are two types of L-1 Visas: the L-1A Visa and the L-1B Visa. When it comes to starting a business in the United States as a foreigner, the L-1A is the most relevant as it allows executives and managers to start a new office or branch of the company in the U.S. – in which case, the visa will only be issued for an initial period of a single year instead of the typical three. The USCIS will then re-evaluate your case after the new office or branch begins operations.
The E-2 Visa
Another great option for foreigners looking to enter the United States with the purpose of starting a business is the E-2 Visa.
The E-2 Visa is intended for investors who are looking to enter the United States to direct the operations of a business in which they have invested a substantial amount of money. When it comes to starting a business in the United States, the E-2 Visa is one of the best options for you as it allows you to not only purchase an existing business but also start a new one from scratch. However, these visas are only available to citizens of countries with which the United States maintain treaties of commerce and navigation.
EB-5 Investor Visa
The EB-5 Visa requires an individual to invest an amount of money between $500,000 to $1,000,000 in a commercial enterprise in the United States.
There are 10,000 EB-5 visas made available every year, out of which 5,000 are reserved for individuals who file an application through a CIS-designated Regional Center.
According to USCIS, what qualifies as a commercial enterprise for this visa category includes:
- Partnerships.
- Sole proprietorships.
- Joint Ventures.
- Holding companies.
- Corporations.
- Business Trusts.
H-1B Visa
If you are familiar with the H-1B Visa and its requirements and limitations, you might be scratching your head right now, wondering why this visa made it into the list of visas that allow you to come to the United States with the purpose of starting a business.
The H-1B is designed for employers looking to bring foreign employees to the country through sponsorship. You must have an employer sponsoring your application to qualify for this visa, without exception. Because you cannot apply for this visa directly and there must be an employer-employee relationship, starting a business with it could seem impossible at first glance; however, there are a few ways you can make it work.
It is understood that you can start a business in the United States with this visa as long as you are not the sole proprietor of the company, and you are not your own sponsor. This means that, if you can establish an entity with the power to employ you, then you can effectively build a startup business as a foreigner under the H-1B status.
Starting a Business in the U.S.? Our Immigration Lawyers Can Help
Starting a business in the United States as a foreigner can be a problematic endeavor if the appropriate steps are not taken. Your visa, just like your business, will be a significant money, effort, and time investment. The best way to protect that investment is to always have an expert by your side during the application process.
Our lawyers have years of experience handling immigration cases based on business. Our team of specialists will help you determine which course of action will be best for your situation. After we have determined which visa you should apply for, we will represent you in your application process and help you prepare all the necessary documents to make your submission one with high chances of success.
However, it does not end there. Our team includes some of the best business lawyers in Florida, who will provide assistance during the business formation process and, once you begin operations, will continue representing you and protect your best interests.
To get in touch, call us today at (305) 921-0976 or send us an email to [email protected].
