According to statistics from the American Immigration Council, one-quarter of entrepreneurs in the United States are immigrants, totaling more than 3.5 million. Immigrants start businesses in the United States much more often than native-born Americans. Given that the United States is a land of opportunity, this is not surprising. There are many talented professionals and investment prospects, not to mention that a company can be registered in 1-5 days.
Although tax advantages for businesses in the United States are not as strong as in the UAE, for example, the country remains an attractive choice for foreigners in terms of tax optimization. According to iWorld experts, the United States is one of the ten best countries for entrepreneurs.
Entrepreneurs can apply for a visa and stay in the United States for permanent residence, with several options available. However, the process may have certain specifics for citizens of some countries. Continue reading to learn more about the challenges of business immigration to the United States and how to overcome them.
How to start the U.S. business immigration process as an investor
If you’re thinking about immigrating to the U.S. for business, you’ll need the right visa. The country offers several types of permits for entrepreneurs, allowing you to choose the best option for your plans:
- EB-5: For large investors with investments totaling at least USD 800,000;
- EB-1C: For top managers of international companies;
- E-2: For investors from countries with a trade agreement with the U.S.;
- L-1: For transferring employees to the American branch of a company.
The first two are immigration visas that allow you to apply for a green card (permanent residence) and eventually for citizenship. The latter two are nonimmigrant visas.
Once you have decided on a visa type, you must fulfill its requirements. For example, you may need to register a company or branch office in the U.S. or invest a certain amount. In some cases, a specific amount of project funding is also required.
Once all the requirements are met and the documents are prepared, you can apply for an entrepreneurial residence permit. Each type of visa has its own process. For example, when applying for an immigrant visa (EB-5 or EB-1C), first the immigrant’s preliminary petition is sent, followed by the application for permanent resident status. The waiting time also depends on the permit category: L-1 is issued in about 2.5 months, while an EB-5 visa can take about five years. After receiving a visa, the only remaining step is to move to the U.S. and engage in your planned activities.
It’s no secret that the U.S. has a complicated immigration policy, and immigrating to this country has always been difficult. Things are even tougher now. Although there is no official ban on participation in the program, applications from citizens of certain countries undergo strict and thorough verification. The U.S. Department of State reviews applications from certain countries with increased scrutiny.
It goes without saying that all documents must be thoroughly prepared in advance to avoid potential rejections.
iWorld lawyers can help you , guide you through the process of applying for permanent residence, and advise you on preparing documents to help you immigrate to the U.S. for business purposes.
Business immigration on an L-1 visa
This nonimmigrant visa is intended for individuals participating in an intra-corporate transfer, such as when a U.S. company transfers an employee from a foreign branch to an office in the United States. You may also qualify for an L-1 visa if your foreign organization plans to open a branch office in the United States and you are traveling to establish it.
L-1 is divided into two subtypes. L-1A is for managers and executives, and L-1B is for valuable employees. In any case, an individual transferring for business purposes must have worked continuously for at least one year out of the previous three in a relevant company abroad. If a new office is to be opened, it must be proven that the parent company has suitable premises and sufficient funding to pay a valuable employee or provide a manager with at least 12 months of employment.
Under the procedure, the parent company is the applicant. It submits an application to the U.S. Citizenship and Immigration Services (USCIS). The applicant confirms most of the required conditions. For those involved in opening a new branch, the permit can be issued for up to one year; for all others, up to three years. Visa renewals are granted in two-year increments, but the total length of stay in the U.S. is limited to seven years for L-1A visa holders and five years for L-1B visa holders.
You can immigrate with your family, including your spouse and unmarried children under the age of 21. Close relatives must apply using the L-2 visa form and may be able to receive the permit for the same period as the principal applicant. Spouses are also able to work in the country.
E-2 investor visa: business immigration through treaty investment
The E-2 nonimmigrant visa is one of the most popular programs that is sought after by many investors. However, only citizens of countries that have signed a relevant treaty with the United States on trade and navigation qualify. Fortunately, most countries have such a treaty; however, some countries, including China, Russia, Nigeria, India, South Africa, and Vietnam, do not.
E-2 business immigration program is designed for investors who intend to invest a significant amount of capital in an enterprise in the United States and participate actively in its development. This means you must either own at least 50% of the company or hold a management position. You can start a new company or purchase an existing one.
There is no specific amount of investment; it depends on the total value of the U.S. business in which you intend to invest and other factors. Compared to the EB-5 program, for example, where the minimum investment amount is fixed and quite large, the costs here can be much more modest (usually ranging from USD 100,000 to 200,000). At the same time, you must prove that these funds were obtained lawfully. Additionally, the enterprise in which you are investing must be able to generate income for at least the next five years.
Investors apply for the E-2 visa in person at USCIS. The permit is issued for a maximum of two years and can be renewed for the same period. There is no limit on the total amount of time one can reside in the United States. The investor’s family members (spouse and minor children) may also be authorized to stay for the same period, and the spouse is permitted to work. Applications are usually processed within seven to eight months.
If you are not eligible for the program based on your citizenship, you can obtain a second passport from another country through a simplified process, opening new opportunities for relocation. Our lawyers are here to advise you on the process, ensure your eligibility, and offer an alternative if necessary.
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EB-5 immigrant investor visa: how to get a green card through business investment
Since 1990, EB-5 has been a program that provides permanent residence options to foreign investors. It is officially known as the Immigrant Investor Program. If the USCIS approves your application, you can receive a green card (permanent resident status in the United States).
However, the EB-5 program’s conditions of participation may not be feasible for everyone because the required investment is substantial. You can invest in a target employment area starting at USD 800,000. This includes projects in agriculture and infrastructure, as well as projects in areas with high unemployment rates. Funds are deposited through the regional center. Currently, the minimum investment amount in a non-targeted employment area is USD 1,050,000. Last updated in 2022, these amounts will be adjusted regularly in line with inflation.
Additionally, there are specific job creation requirements — at least 10 new jobs must be created. When investing in a distressed business in the U.S., you must confirm that the number of employees will remain at the same level for at least two years after the investment.
According to the procedure, you must file Form I-526 with USCIS. Once approved, a petition is filed directly for an immigrant visa and permanent residency. The investor and their family members can relocate. Five years later, the investor is able to apply for U.S. citizenship.
The EB-5 program requires significant, high-risk investments. For example, immigrating with an Entrepreneur Visa to Spain or a UAE Residence Visa for Business is more profitable since they involve lower costs and no mandatory job creation requirements. Ask iWorld lawyers which option is the best fit for you.
EB-1C immigrant visa: business relocation for executives and managers
The EB-1C visa is a subcategory of the EB-1 immigration permit, which is intended for employees in various categories. Specifically, EB-1C is suitable for executives and managers who have worked outside the U.S. for at least one year within the previous three years and who are now being transferred to a U.S. branch at their employer’s request. To be eligible for transfer, the employing company must have operated in the U.S. for at least 12 months.
The employer files the application on Form I-140 and provides supporting documents proving its ability to pay the agreed-upon salary, such as a financial statement or tax return. Once approved, your spouse and children can join you.
You may have noticed that the EB-1C visa is similar to the L-1A visa in many ways. However, there is a significant difference: L-1A provides nonimmigrant status, while EB-1C provides immigrant status. Accordingly, with the EB-1C visa, you can obtain a green card, and after five years, you can apply for U.S. citizenship.
Which U.S. investor visa is right for your business immigration plan?
The most profitable visa to obtain in the United States depends on your individual needs, opportunities, and plans. We have compiled a comparison table of the key advantages and special requirements of each program to help you decide which one is the best option for you:
| Visa type | Key benefits | Restrictions | Obtaining permanent residence |
|---|---|---|---|
| L-1 | No investments | Open only to company employees | Only after switching to an immigrant visa |
| E-2 | Investment requirements are not clearly defined | Only available to citizens of certain countries | Only after switching to an immigrant visa |
| EB-5 | Permanent status with no restrictions on participation | Large investments starting at USD 800,000 | Get a green card |
| EB-1c | Permanent status, no investments | Employees only | Get a green card |
As you can see, the details of your personal situation are important, so you need to keep them in mind. For citizens of some countries, the fact that not every program is available, complicates matters. Therefore, we can draw several conclusions.
For one, you cannot do without good lawyers. A migration law specialist will be able to analyze your case and offer the best option. This is especially important given that the new president’s administration is set to revise migration policy — many programs will likely change, and you need to stay informed to take the latest updates into account.
Second, it may be wise to consider business immigration to another country that offers the same benefits under simplified conditions.
Learn more about these opportunities and take the first step toward unrestricted immigration abroad. At your , you will receive a personalized solution that includes timelines and financial calculations.
