Immigration Options for Entrepreneurs and Investors

For those looking to expand their ambitions beyond borders, the United States provides numerous immigration pathways for investors and business owners leadership. Whether you’re establishing a new venture or seeking to manage your international business stateside, understanding your visa options is essential for smooth navigation of the U.S. immigration system.

At La Raza Legal, team experts is dedicated to keeping you well-informed about all the options available to you.

The E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa offers a non-immigrant pathway for individuals from countries that have a treaty of commerce and navigation with the United States. It allows entrepreneurs to live and work in the U.S. for the purpose of managing and growing a business.

Requirements for the E-2 Visa

To qualify for an E-2 visa, applicants must meet the following criteria:

• Be a citizen of a treaty country: Only individuals from countries with an E-2 treaty agreement are eligible.

• Make a substantial investment in a U.S. business: The exact amount is not defined, but it must be significant relative to the total cost of the business. Investments as low as $100,000 can usually qualify, depending on the nature of the business.

• Control the business: The investor must own at least 50% of the business or hold a position that gives significant operational control.

• Viable business plan: Applicants must demonstrate that the business is not marginal. It should generate enough income to support the investor and their family and/or create jobs for U.S. workers.

Benefits of the E-2 Visa

• Renewable visa: Though non-immigrant in nature, the E-2 visa can be renewed indefinitely as long as the business remains operational and profitable.

• Family members included: Spouses and unmarried children under 21 may accompany the visa holder, with spouses permitted to work in the U.S.

The E-2 visa is an excellent option for entrepreneurs who want to test the waters of the U.S. market without committing to permanent residency.

EB-5 Immigrant Investor Program

The EB-5 program is one of the most well-known pathways for investors seeking permanent residency in the United States. It offers green cards to foreign nationals who make significant investments in U.S. commercial ventures.

Requirements for the EB-5 Program

To secure an EB-5 visa, applicants must fulfill the following criteria:

• Investment amount: A minimum investment of $1,050,000 in a new commercial enterprise. Alternatively, $800,000 is required if the business is located in a targeted employment area (TEA), which is defined as rural regions or areas with high unemployment.

• Job creation: The investment must create at least 10 full-time jobs for U.S. workers. This can include direct, indirect, or induced jobs, depending on whether the capital is invested in a Regional Center project.

Benefits of the EB-5 Program

• Permanent residency: Successful applicants receive a green card, allowing them to permanently live and work in the U.S.

• Family included: Spouses and children under the age of 21 can also obtain green cards.

The EB-5 program is highly attractive for investors seeking a direct path to permanent residency.

EB-1C Visa for Multinational Executives and Managers

Entrepreneurs who operate successful businesses outside the United States may qualify for the EB-1C visa. This immigrant visa is designed for multinational executives or managers who wish to expand their operations into the U.S. or manage an existing U.S.-based subsidiary.

Requirements for the EB-1C Visa

• Qualifying employer: The applicant must be employed by a multinational company that has been operational for at least one year.

• Executive/Managerial role: The individual must have held an executive or managerial position for at least one year within the last three years. They must also be transferring to a similar role within the U.S. subsidiary or affiliate.

• Business establishment: The U.S. business must be viable and capable of supporting the executive or managerial role.

Benefits of the EB-1C Visa

• Direct pathway to permanent residency: Like the EB-5 visa, the EB-1C allows applicants to apply for a green card.

• No labor certification: Unlike some other employment-based visas, EB-1C applicants do not need to go through the labor certification process, which can save considerable time.

This visa is a great choice for international entrepreneurs managing active businesses who want to expand their operations to the U.S.

Other Potential Options for Entrepreneurs

O-1 Visa for Extraordinary Ability

For entrepreneurs with a "track record of excellence" in their field, the O-1 visa is an excellent non-immigrant option. It’s designed for individuals with "extraordinary ability" in areas such as business, arts, sciences, or education.

Requirements:

• Demonstrated exceptional achievements, such as major awards, published work, or evidence of substantial business success.

Benefits:

• Flexibility for entrepreneurs who wish to live temporarily in the U.S.

L-1 Intracompany Transferee Visa

This visa allows key personnel, such as executives or managers, to transfer to their company’s U.S. offices. Similar in some aspects to the EB-1C visa, the L-1 is a non-immigrant option ideal for temporary assignments.

La Raza Legal: Your North Alabama Immigration Attorney

At La Raza Legal, we specialize in helping entrepreneurs and investors achieve their business dreams in the United States.

Whether you’re applying for an E-2 visa, exploring EB-5 opportunities, or managing multinational operations under an EB-1C visa, our team is here to offer personalized support tailored to your goals.

Schedule a consultation with La Raza Legal today to start your immigration journey with confidence.