Let's start with what almost no one says directly: the United States doesn't have an "entrepreneur visa ." There's no process where you submit your business plan and get permission to come and launch it. Those who start businesses here do so by fitting into one of the existing categories, almost all of which are designed for something else. These are the six real pathways, along with the requirements for each and who benefits from them.
The distinction that saves a lot of money: being an owner doesn't mean being able to work.
They are two separate things, and confusing them is the most costly mistake of all:
- Owning a business in the U.S. does not require a visa or immigration status. A foreigner living outside the country can be a member of an LLC or a shareholder in a corporation, obtain an EIN, and receive the profits.
- Working for that company within the United States does require employment authorization. Running the business, operating it on a daily basis, or receiving a salary are activities that require a status that allows them to be done.
That's why some people open their LLC from their home country, hire someone authorized to operate it, and only come for meetings on a tourist or business visa. That's legal. What's not legal is coming as a tourist and then running your own business.
The six routes, compared
| Via | What is | Investment | Does it grant residency? | For whom |
|---|---|---|---|---|
| E-2 | Treaty Investor | Substantial, with no fixed minimum by law | No, but it is indefinitely renewable. | Someone who has the nationality of a country with a treaty |
| EB-5 | Immigrant investor | Starting at $800,000 in designated areas | Sí, green card | Someone with substantial capital who wants residency |
| L-1 | Transfer within the same company | There is no minimum. | L-1A can lead to residence | Someone who already has a company in their country and opens a branch |
| O 1 | Extraordinary ability | None | Not directly | Profiles with a recognized track record |
| EB-1A | Extraordinary ability, self-request | None | Sí, green card | Same, but with a very solid track record. |
| Entrepreneur's Words | Temporary permit, not a visa | Qualified investment from recognized investors | No | Startups with external investment |
E-2: the most used, with a filter that excludes many
The E-2 visa allows you to come to the United States to develop and operate a business in which you have invested a substantial amount of money. There is no minimum investment amount by law—in practice, investments can range from tens of thousands of dollars, as long as they are proportionate to the type of business—and the visa is renewable as long as the business continues operating. Your spouse can apply for a work permit, and your minor children can study.
The filter is based on nationality: only citizens of countries with a trade agreement with the United States can apply. And here lies the problem for a large part of the Hispanic community, because several large countries in the region are not on that list. Mexico, Spain, Argentina, Chile, Colombia, and Costa Rica are among the treaty countries; Brazil, for example, is not. The list is published and updated by the State Department, so before making any plans, confirm your country is on the official list of treaty countries.
Three surprising things about the E-2 visa: the money must already be invested or irreversibly committed when you apply, it's not enough to just have it in the bank; the business cannot be "marginal", that is, it has to provide more than your own livelihood; and it doesn't lead to permanent residency on its own, no matter how many times you renew it for twenty years.
EB-5: the one that gives a green card
It's the investment path that leads directly to permanent residency for you, your spouse, and your unmarried children under 21. In return, it requires much more: an investment starting at $800,000 in a specific employment zone (rural or high unemployment) or $1,050,000 outside of those zones, which must create at least ten full-time jobs for American workers.
This can be done through your own business or by investing through a regional center. The amounts are subject to periodic adjustment, so check the current figures with USCIS before transferring any money.
L-1: the most overlooked route
If you already have a business operating in your country, this is usually the most realistic option, yet it's often overlooked. The L-1 visa transfers an executive, manager, or employee with specialized knowledge from a foreign company to a related office in the United States—a parent company, subsidiary, branch, or affiliate.
The key requirement: having worked for the foreign company for at least one continuous year within the last three years . Your home company must continue operating for the duration of the L-1 visa; closing it and relocating is not permitted. New offices are typically granted a shorter initial period, with subsequent review based on the progress of the business. The L-1A visa (for executives and managers) can pave the way for residency.
O-1 and EB-1A: by track record, not by money
None of them require investment: they require a track record. They demonstrate their credentials through recognized awards, publications about you in prestigious media, memberships that demand outstanding achievements, having judged the work of others in your field, significant original contributions, or a remarkably high salary compared to your sector.
It's important to debunk a common myth: you don't need a Nobel Prize . Cases are resolved with solid and well-documented professional track records. What separates approval from rejection is usually the quality of the evidence, not fame. The difference between the two: the O-1 visa is temporary and requires sponsorship—which can be through an agency—while the EB-1A visa is for permanent residency and you can apply for it yourself.
The international entrepreneur parole
It's not a visa: it's a temporary entry permit for startup founders who have received qualified investment from recognized U.S. investors or support from certain public entities. It allows for an initial stay that can be extended if the company meets growth and employment milestones.
It's the closest thing to a "startup visa" that exists, but it has two drawbacks: the required investment amount is updated periodically and is high, and since it's a discretionary permit, its application has changed with different administrations. Check the latest information before developing a plan around it.
What doesn't work (and they'll offer you anyway)
- Opening an LLC does not grant immigration status. None. If someone sells you an LLC as a path to legal status, they're scamming you. Here we explain where to report it.
- A tourist visa does not allow you to work. With a B-1 you can come to negotiate, sign contracts or look for premises; but you cannot operate the business.
- Buying a property does not grant residency either. It is a common confusion with other countries that do have that position.
- "Notaries" and consultants are not lawyers. A poorly presented immigration case can close doors for you for years.
FAQ
Can I open a business in the US without living here?
Yes. You can register an LLC, apply for an EIN, and operate it from your home country. However, you cannot physically work for the LLC within the United States without authorization. The registration process is explained in the guide on how to open an LLC in the United States.
What is the fastest?
Normally, the E-2 is the preferred option because it's processed at the consulate and isn't subject to annual quotas. The EB-5 and EB-1A are residency applications and take considerably longer.
What if I'm already in the United States with another status?
It depends entirely on your immigration status and how you entered the country. In some cases, you can change it within the country, and in others, you have to go abroad to process it. This is exactly the kind of decision you should discuss with a lawyer before making any changes.
Do I need a visa to employ people at my US company?
No. Your company can hire staff authorized to work in the United States even if you, as the owner, live abroad. If you're looking for employment instead of starting your own business, check the requirements for a work visa.
Where to start
The order that minimizes financial losses: first, check if your country is on the E-2 treaty list; if it is, that's usually the initial conversation. If it isn't, but you already have a business in your country, look at the L-1. If neither applies and you have a strong professional track record, explore the O-1. And if you simply want to be an owner and receive profits, you don't need any visa: you just need a well-established structure. If you're unsure which category applies to you, tell us about your situation and we'll guide you on the next step.
Important: This guide is for informational purposes only and does not constitute legal immigration advice. Requirements, amounts, and country lists change, and each case depends on individual circumstances. Always check with USCIS and the Department of State, and consult with a licensed immigration attorney before making any decisions or spending any money.
