How to get a US business visa

To create a business or invest in a country that is not yours, you must follow a series of parameters based on your objectives. This is especially true if you are an immigrant in the United States. At Hispanos Emprendedores we believe that it is essential that you analyze very well how to obtain a visa for entrepreneurs in the US.

The first thing you have to decide is if you want to emigrate to the United States and develop a business. You can also choose to make an investment or have a subsidiary that you can control from your home country.

But if you want to move to the United States and establish your business, it is essential that you know the types of visas that exist to do business. Each of them has different characteristics.

Requirements for the business or entrepreneur visa

To apply for the entrepreneur visa, investors must meet the following requirements

Be of legal age (18 years or older).

Have a valid investment in the United States of at least $1 million, or $500.000 if you are in a Targeted Employment Area (TEA).

Demonstrate that the investment will be used to create or expand a business that will create at least 10 new jobs for U.S. citizens or lawful permanent residents

Have the intent and means to conduct business in the United States.

Entrepreneur visa application process

To apply for a business or entrepreneur visa, investors must follow the following steps:

1. 1- Find a sponsoring agent willing to support your request. The sponsoring agent must be a government agency or a private organization licensed by the United States government.
2. 2- Submit the entrepreneur visa application, together with all the required documents, to the sponsoring agent.
3. 3- If your application is approved, you will receive an invitation letter to submit the additional required documentation and continue with the application process.
4. 4- Once all the required documentation is received, your application will be sent to the United States Citizenship and Immigration Service (USCIS) for review.
5. 5- If the USCIS approves your application, you must submit an application for permanent residence ("green card").
6. 6- Once you receive permanent residence, you will be able to start your business in the United States and enjoy all the benefits of being a permanent resident, including the right to work and study without restrictions.

How to obtain a business visa in the United States

Keep in mind that when you are going to immigrate to the United States you have to be careful with the details to stay legal. The US visa is necessary for foreign citizens to enter the US territory.

It is important to be clear that there are two types of visas for those who want to come to the United States, non-immigrant visas and permanent residence visas.

The former give temporary authorization to enter the nation and work. They must be renewed from time to time and have different renewal terms and rules.

They limit who can enter with the visa holder and whether they can work.

The main detail of these is that their validity will depend directly on the success of the business. Although they are the easiest to obtain, they are not appropriate for entrepreneurs who want to stay and develop their business idea.

Permanent residence visas represent the best option for them, since they will have the coveted "green card".

Where and how do you apply for a work or business visa in the US?

There are several ways to apply for a work or business visa in the United States. The most common way is through an employer who can sponsor you for a work visa.

You can also apply for an entrepreneur visa if you have a business idea that you want to carry out in the United States. Finally, you can also apply for a student visa if you plan to study in the United States.

Whichever path you choose, be sure to consult with an immigration attorney to make sure you are taking the proper steps to apply for the visa you want.

Each visa has a purpose and defining which one is appropriate will depend on several factors. Therefore, if you plan to start a business, you should consider the following options:

1-Extraordinary Ability Visas.

Successful entrepreneurs in their home countries or those who have a promising business idea may want to apply for an extraordinary ability visa. You must demonstrate to the US government that you have remarkable talent in a particular industry or field.

These visas are grouped

EB-1 visa for entrepreneurs

In order to qualify for it, you must possess, according to the United States Citizenship and Immigration Services, extraordinary ability.

This may be in the arts, sciences, education, sport or business through national or international recognition over time. In addition, it must be supported by extensive documentation.

In the case of entrepreneurs, at least 3 of these criteria are taken into account. If any major company has invested or agreed to invest in your business.

Has been accepted by a recognized business incubator, has been reviewed by a top-tier US or international publication.

When you have acted as a speaker at high-level events or conferences in the sector. Have proof that your company is valued at 1 million or 1.000 million dollars, have received a business award. Even owning a valuable copyright or patent.

As you may have noticed, it is difficult to obtain because it gives permanent residence, but if your company is a leader in its field, it is possible to obtain it. Apply online by filling out form I-140.

O-1 visa for entrepreneurs

It is similar to the EB-1 because it is for highly qualified personnel, but with the difference that it is a temporary visa. The requirements are less stringent, as you must demonstrate an ability through national and international recognition.

The intention is that you will be allowed to work in the area in which you excel only for a certain time. The advantage is that it can be renewed indefinitely as long as the company is in operation. It is requested with Form I-129, Petition for a Nonimmigrant Worker and other requirements.

2- Investor visas

These visas allow entrepreneurs to enter the country in exchange for money and job creation. The investment is allowed to come from business loans if it is secured and backed by personal property.

Or if you are the main borrower and you sign a personal guarantee on it. In this group are:

Immigrant Investor Program (EB-5).

It is the one that administers the Immigrant Investor Program, also known as "EB-5" and only 10.000 are granted per year. This was extended by President Joe Biden until 2027, and also authorized the implementation of an EB-5 Regional Immigrant Investor Centers Program.

Those who apply for this US visa must invest a minimum of between 500.000 and 1.800.000 dollars, depending on the areas of employment and the date of request. The idea is to generate employment for the citizens of the country, it must guarantee work for at least ten Americans for at least two years.

This visa has many advantages compared to other viable alternatives for residence. First, it does not require a labor certification process to demonstrate a shortage of skilled American workers.

It also does not require maintaining a running business in the home country or extraordinary ability.

It is granted to investors, spouses and their dependents on a conditional basis for two years. The applicant must start the process by selecting a regional program, making payments and meeting the requirements.

If all conditions are met, the applicant can become a lawful permanent resident. Fill out form I-526 to start the process.

3- Visas for traders and investors (E-1 and E-2)

These visas for non-residents in the United States authorize to carry out commercial activities, conduct and conduct a business in the country. Both have the objective of facilitating and improving the economic relationship of the United States with other nations by granting a temporary permit.

A minimum investment amount is not established, but it is recommended that the amount be greater than 100 thousand dollars.

Visa to open a business

The E-2 visa allows you to open a goods and services business or purchase an existing business or franchise. Only citizens who have a treaty with the US can obtain it, in Latin America they are Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama and Paraguay. To request it, you must fill out form I-129.

Companies that want to invest in the United States and need to hire foreign workers to fill key positions can apply for an entrepreneur (E-2) visa.

The minimum investment required is usually between $50.000 and $100.000, depending on the size and type of business.

proof of income

Investors must show that the money comes from legal sources and that the investment will go to a business that operates or intends to operate in the United States.

Foreign workers who are eligible for an employer visa (E-2) may apply for permission to enter and remain in the United States while working for the company.

The duration of the permit depends on the country of origin of the investor and can be renewed indefinitely.

If the employee has a family

Spouses and children under the age of 21 of E-2 employer visa holders may accompany or join the investor in the United States and be eligible for self-employment authorization.

To apply for an entrepreneur (E-2) visa, the foreign company must apply at the responsible US consular office for the country in which it is located.

If the company has more than one investor, each of them must submit their own application. Along with the application, applicants must submit evidence that they meet the requirements for an employer (E-2) visa.

Visa to export and import

For its part, the E-1 is ideal for those who export and export continuously between the United States and their country of origin. With this visa, the businessman and his family can legally live in the territory, work, access public education for their children and easily enter the country.

The main requirement is to be an importer and exporter that generates more than 100 thousand dollars a year. It is also processed with form I-129.

If your country is on the list you must prove that you have the money with a commercial loan agreement, investor or bank balance. In addition, you must meet requirements such as business licenses and EIN (Employer Identification Number).

Visa for start-ups

Another option for entrepreneurship and start-ups is the H-1B visa, which requires a sponsor, but some can self-sponsor by meeting certain requirements.

Very popular in the technology sector, applicants are required to have a college degree or an advanced degree. It is also requested through form I-29. You can apply for permanent residence later.

Likewise, it is feasible to enter through the EB-2 visa. This requires an advanced degree, such as a Ph.D. or postgraduate degree. In general, health and science entrepreneurs are inclined towards this type of visa.

Also, experts suggest opting for:

L1 visa

This is a nonimmigrant visa that allows a foreign company to send a manager as a skilled worker to a similar US affiliate. They must have a proven qualifying relationship, such as a branch and a subsidiary.

It is used when entrepreneurs want to start a business in the US by having an executive start up the new office.

The beneficiary must have worked full time for at least one year with the foreign company in the 3 years prior to the application.

It extends up to seven years, but its main advantage is that it has a dual purpose. That is, with it you can process the green card.

The employer must file Form I-129, Petition for a Nonimmigrant Worker.

Show EB1C

Given the strong immigration controls as an entrepreneur, you must also consider the request for the EB1C visa. It is the version for immigrants of the L1 that gives the right to permanent residence.

It allows the foreign company to transfer the manager or executive to a subsidiary. But it must have been in operation for at least a year before the petition.

He does not accept that he works as a qualified worker, but he obtains permanent residence. He does not ask for the labor certification either.

What are the waiting times for a work or business visa in the US?

Waiting times for a US business or work visa vary depending on the type of visa. Work visas (H-1B, L-1, O-1, and TN) typically require the applicant to meet certain work and/or educational requirements.

Once these requirements are met, the application may take one to three months to process.

Tourist (B-2) and business (B-1) visas are easier to obtain and waiting times are usually shorter. However, it is recommended to apply for these visas in advance to ensure that the process is completed before the planned date of travel.

Open a business in the US with an entrepreneur visa, steps to follow

This is the list of steps to follow if you want to open a business in the USA with an entrepreneur visa, this may take some time, but it is the process recommended by official sources such as US VISAS.

This is the list:

1. 1- Make an application at the United States Citizenship and Immigration Service (USCIS).
2. 2- Demonstrate that you have a viable and original business plan.
3. 3- Have the necessary resources to start the business.
4. 4- Not having committed any crime or violated immigration laws in the past.
5. 5- Demonstrate that you have the necessary skills and knowledge to be able to carry out the business.
6. 5- Obtain a letter of endorsement from a government entity that certifies that the business meets all the requirements and complies with current laws.
7. 7- Meet all the medical requirements established by the USCIS.
8. 8- Apply for a business visa at the corresponding US embassy or consulate.
9. 9- Submit all required documentation at the visa interview.
10. 10- Wait for visa approval and receive notification from USCIS.
11. 11- Once you have the visa, you must travel to the United States and present it at the corresponding border post.
12. 12- Apply for permanent residence once the established requirements have been met.

International Entrepreneur Rule (IER)

This program introduced by Barack Obama, suspended by Donald Trump and reactivated by Biden tries to increase foreign investment. For this, he authorizes foreign entrepreneurs to work and give benefits to the country's population for two and a half years. 

The permit is granted to those who create new companies with rapid growth and employment generation. They must have an active role in the development and start-up of the company.

You must receive a significant investment of US capital with a track record of business success. You must own at least 10% of the company.

To request it, you must follow the steps indicated in the I-941 form. The filing fee is $1.200.

Entrepreneurs who wish to start their business idea in the United States should carefully analyze the options and define which one is the most favorable for them. If you have more questions, contact us to advise you on opening your business.

Note: Embassies and consulates may have a separate process for visa cases that waive the in-person interview requirement. In general, waiting times for those cases are shorter.

If you want to know more about How to finance your company in the USA We recommend that you continue reading our website.

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