There are two types of visas ideal for immigrant entrepreneurs: extraordinary ability visas—the EB-1 or O-1—and immigrant investor visas—the EB-5 or E-2. The O-1 and E-2 visas require you to return to your native country after operating a business, but EB-1 or EB-5 visas are permanent residency visas.
Immigrants are gaining a growing representation among small business owners for starting their own businesses. According to the National Bureau of Economic Research, immigrants now start 25% of new businesses in the U.S. In more diverse states like California and New York, the percentages are even higher.
If demographic trends continue, more and more people will achieve the American Dream by becoming entrepreneurs. However, under current immigration law, there is no such thing as an official “U.S. startup visa” or “USA entrepreneur visa.” Entrepreneurs need to work within the existing framework of the immigration system.
Two main types of visas allow immigrant entrepreneurs entry into the U.S. to start or run a business. These are the extraordinary ability visas—the EB-1 or O-1—and the immigrant investor visas—the EB-5 or E-2.
Navigating U.S. immigration laws can be a tough, complicated process, especially for people who are already busy running a business. Your main source of advice should be a trusted immigration lawyer. But, here’s some general information about startup visa and entrepreneur visa USA options and what to expect from the application process.
Although immigration laws can get pretty complicated, there’s one basic fact that you need to understand first. There are two types of visas for people who want to immigrate into the United States: non-immigrant visas and permanent residency visas.
Non-immigrant visas grant temporary authorization to enter the country and work here. To continue working here once a temporary visa expires, you have to continuously renew the visa. Different visas have different expiration timeframes and renewal rules. In addition, non-immigrant visas have limits on who can come with you to the country and whether they’re entitled to work here. Examples of non-immigrant visas include the O-1, E-2, and H1-B, which we’ll discuss in detail below.
The biggest problem with non-immigrant visas for entrepreneurs is that their validity is tied to the success of the business, says Laura Rosmarin, Senior Counsel at Kuck Baxter Immigration LLC.
“Under a non-immigrant visa, you must return to your native country if your business fails or if you decide you no longer want to operate the business,” Rosmarin says. So, while non-immigrant visas are generally easier to get than permanent residency visas, they are not a great option for entrepreneurs who want to stay here long-term. Startup businesses have high failure rates, and if your business doesn’t pan out as expected, you’ll need to leave the country.
Permanent residency visas, in contrast, allow you to get a green card, so you can reside and work indefinitely in the U.S. These entrepreneur visas are a good option for people who want to settle down in the U.S. long-term. Examples of permanent residency visas include the EB-1 and EB-5, which we’ll discuss more below.
Unless you’re married to a U.S. citizen, in which case you can apply for a family-based green card, you’ll need to apply for an individual or employment-based visa to set up a business in the U.S. There are two sets of visas that are best for entrepreneurs: extraordinary ability visas and investor visas. We’ll dig into the details of both.
So to sum up, remember: Non-immigrant visas grant approval to stay and operate a business temporarily in the U.S. but you have to renew them before they expire. Permanent residency visas allow you to stay and operate your business here indefinitely.
Entrepreneurs who have achieved great success in their native countries or have a very promising business idea can apply for an extraordinary ability visa. To get approved for an extraordinary ability visa, you have to prove to the U.S. government that you have extraordinary talent in business or in your particular industry.
You might have heard people refer to this visa as the “Einstein visa” or “rock star visa.” Often, this entrepreneur visa goes to individuals of national renown, like Nobel Prize and Pulitzer Prize winners, Hollywood actors, and Grammy-winning musicians. Famous recipients include First Lady Melania Trump, British journalist Piers Morgan, and entrepreneur Josh Buckley.
But lesser-known individuals, like clarinet players and event planners, also have been successful in securing these visas. And this entrepreneur visa provides an opening for driven entrepreneurs with rapidly growing businesses or a great business idea.
The EB-1 and O-1 visas are the two types of extraordinary ability visas. O-1 is a non-immigrant visa that grants temporary status. The EB-1 visa grants permanent residency status and has a higher bar for qualification.
Qualifying for an EB-1 visa is challenging. According to U.S. Citizenship and Immigration Services:
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation.
To evaluate extraordinary ability, the USCIS uses a point system, and you have to earn at least three points. Examples for entrepreneurs are three of any of the following:
As this list demonstrates, EB-1 visas are tough to obtain. But if your company is an industry leader or you have impressive business experience, then this could be an avenue to permanent residency in the U.S. Keep in mind, EB-1 visas get preference over other types of visas, except for family-based green cards.
The O-1 visa is similar to the EB-1 visa because both are reserved for highly qualified people. However, the bar is slightly lower for O-1 because this is a temporary, non-immigrant visa. According to the USCIS:
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
To qualify for this entrepreneur visa, you still have to show extraordinary talent with similar evidence as EB-1, such as winning a business award or receiving media coverage. Although the O-1 is a temporary visa, you can renew it indefinitely as long as you’re operating the business. But if your business fails or you decide you want to pursue other opportunities, you can’t stay in the U.S. any longer.
These options for an entrepreneur visa in the USA might be a good fit for business owners that are very well known or have received a prestigious award of some kind. If top-tier investors put money into your business, then you might qualify for an extraordinary ability visa.
The biggest hurdle to getting an extraordinary ability visa is that your approval depends on the USCIS officer’s evaluation of your entrepreneurial past and your business’s future potential. “Whether you go for EB-1 or O-1, the criteria are subjective,” Rosmarin says, “which makes it hard to qualify. Some entrepreneurs immigrate through an investor visa instead.”
Investor visas allow entry into the U.S. in exchange for investing money into a business—the business can be your own—and creating jobs in the U.S. Fortunately, your investment doesn’t need to come from your own savings. The money can come from a business loan, as long as the following requirements are met:
For investor visas, there are two options based on how much money you’ll be investing in the business.
Out of the two investor startup visas, the EB-5 visa is more challenging to get. The cap on the number of EB-5 visas is 10,000 per year, so this is a pretty exclusive program. The EB-5 visa is available to entrepreneurs who meet both of the following requirements:
The minimum investment required, Rosmarin says, is lower in certain economically underserved areas, called targeted employment areas (TEA). In such areas, the minimum investment that you need to make is $900,000 instead of $1.8 million (again, this is an increase from $500,000, which goes into effect November 21, 2019).
More than the required minimum investment amounts are changing in the November 21 refresh. Changes to certain TEA designations and USCIS procedures are also being updated, so you should review the USCIS updates with your immigration lawyer before proceeding. To show that you meet the requirements, you have to submit appropriate documentation to the government, such as a business loan agreement, investment agreement, a business plan, and copies of job advertisements.
For many business owners, the $1 million investment requirement is far too high. If that’s the case for you, you might consider the E-2 “treaty investor” visa. In fact, there’s no specific minimum investment amount for the E-2 visa. Experts agree, however, that it’s hard to get approved for an amount less than $100,000 since the purpose of investor visas is job creation in the U.S.
To be eligible for an E-2 visa, your native country must have an investor treaty with the U.S. Currently, there are nearly 80 such countries, but some countries that are a major source of immigration—India and mainland China for example—aren’t on the list.
If your native country is on the list, you’ll have to show evidence of your investment with a business loan agreement, bank account balance, or investor agreement. You’ll also have to provide other business details, such as your employer identification number and business licenses.
Shar Behzadian is the founder of TravTribe, a marketplace that helps travelers make money from affiliate partnerships with travel brands. She was born in Iran and attended San Francisco State University. Later, as an entrepreneur in residence at Stanford’s Peace Innovation Lab, Behzadian developed her business idea and met potential investors.
Behzadian says, “I got an E-2 visa and an investment from an angel investor who is now my co-founder. I was an immigrant and a first-time startup founder. I persisted, burnt out, but then stepped back into the game.”
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Meet the cofounder of TravTribe. Shar works to make traveling free for digital nomads and help wanderlust-ers become digital nomads to travel full-time. She knows the pain of a travel bug’s bite and doesn’t want the pain for any of her tribe members. She travels to meet amazing souls of Travel Tribe and learn about your stories. Here she was in Miami, meeting with two awesome travelers from Estonia and Germany. Reach out to connect and meet up with her @sharzadian❤️ She’ll be thrilled to hear from a fellow traveler. 🍀 #travellove #traveloholic
Extraordinary ability visas and investor visas are typically the best options for entrepreneurs who want to operate a business in the U.S. There are other entrepreneur visas that you may come across during research and that you can discuss with your lawyer.
For example, the H-1B visa is a non-immigrant visa that’s popular within the tech industry and other specialized industries. This visa usually requires an employer sponsor, but small business owners can sponsor themselves under certain conditions. To self-sponsor, a company needs to have a board of directors or another external governance body.
Another option for entrepreneurs with advanced degrees is the EB-2 visa.
To qualify for this visa, you must hold an advanced degree, like a PhD, that’s relevant to your business. This is primarily an option for entrepreneurs in the health and science fields.
Immigrating entrepreneurs who want to create a new business in the U.S. or expand their business here have to face an uphill battle. You need to find financing for your business, choose the right type of entrepreneur visa, and gather all your documentation together before submitting your application to the government.
Applying for a startup visa or entrepreneur visa for the USA can take several months, even years. According to Rosmarin, the length of time depends on the type of visa you’re applying for, the office that will be processing your application, whether you use a lawyer to put your application together, and whether there are special circumstances—such as having multiple business partners or family members who’ll be accompanying you.
Here is a table showing current processing times and issuance rates for the entrepreneur visas we’ve mentioned:
|Type of Entrepreneur Visa
|Number Issued in 2016
|Current Processing Time
1 to 5 months
4 to 7 months
1.5 to 2 years
3 weeks to 4 months
This data is based on the USCIS’s Yearbook of Immigration Statistics and estimated case processing times. If you need your entrepreneur visa more quickly than these estimated time frames, expedited processing is available for an additional fee.
The best way to set yourself up for success when applying for an entrepreneur visa is to submit all relevant documentation. Think of everything that an immigration officer might want to see about your business, such as your business plan, financial statements, business licenses, or funding agreements. Even job ads and letters to employees can help document your case.
Sam Marley, who is British, and Daniel Arvidsson, who’s Brazilian and Swedish, are the cofounders of Blurr Technologies, a social media photo-sharing app. They secured $225,000 in venture capital from top-tier angel investors and applied for an extraordinary ability O-1 visa.
“It was an incredibly long process to document all that we have accomplished in our professional careers,” Arvidsson says. “We had to provide testimonial letters, articles, and interviews, to show how extraordinary we were to qualify for the visa.” As part of their application, they also included documentation of a $10,000 prize from Northeastern University and a $25,000 prize from WeWork.
Under the current administration, Rosmarin says her firm has seen “a greater issuance of Requests for Evidence and Denials in all areas of business immigration. Therefore, these cases must be heavily documented.” Keep these documents safely in physical files, or ideally, in secure cloud-based storage.
When applying for an entrepreneur visa in the USA or startup visa, finding a good immigration lawyer is key. Hiring a lawyer can shave weeks off the application process. A lawyer will make sure you’ve included everything you need to include, so there are fewer back-and-forth requests for additional paperwork from the government. They’re also familiar with handling complex cases, like a business with multiple partners, perhaps from different countries.
Starting and running a business in the U.S. can be costly. When applying for an entrepreneur visa, you’ll need to show that you have a reliable source of funds for your company.
If you’re already a U.S. permanent resident, then the same loan options that are available to U.S. citizens are generally available to you as well. But if you’re on a temporary non-immigrant visa, getting funds is harder. Several financing options exist for entrepreneurs who aren’t U.S. citizens. The best way to qualify for affordable loan products is to build good credit.
During your search for business financing, remember that your international background can be an asset. Blurr Technologies’ Arvidsson says, “Investors always judged us more on our ability as entrepreneurs [than our status as immigrants]. We used our international background to show how we were able founders. After immigrating to the U.S. when we were in school, we had to learn how to deal with new environments and situations.”
The most important metric when applying for business loans is your credit. Lenders look to your credit to evaluate how likely you are to pay back a loan. Non-citizens often have no credit history or short credit history. You can build credit in unexpected ways, such as paying rent on time and becoming an authorized user on a responsible person’s credit card. Building credit over time helps you qualify for better, lower-cost loan products and more funding.
When it comes to getting an entrepreneur visa, USA laws don’t allow for them; there’s actually no such thing as an official startup visa or entrepreneur visa. Would-be entrepreneurs need to work within the current framework of immigration laws to set up and run a business here.
Fortunately, there are a few different startup visas and entrepreneur visas that can help you get here. The extraordinary ability visas are available to entrepreneurs who have received a lot of recognition in their native countries and want to tap into U.S. markets. And for entrepreneurs who have the committed backing of an investor or lender, an investor visa is possible.
Whichever route you go, make sure you keep business documentation in a safe place and have a lawyer to help you through what can be a long, complicated process. Plus, changes might be around the corner. Immigration is a hot topic right now, and there could be big changes ahead for entrepreneur visas.
Priyanka Prakash is a senior contributing writer at Fundera.
Priyanka specializes in small business finance, credit, law, and insurance, helping businesses owners navigate complicated concepts and decisions. Since earning her law degree from the University of Washington, Priyanka has spent half a decade writing on small business financial and legal concerns. Prior to joining Fundera, Priyanka was managing editor at a small business resource site and in-house counsel at a Y Combinator tech startup.