Want to Start A Business In The U.S.? Which Immigration Visa You Should Select If You Are An Entrepreneur, Investor or Business Owner

Many foreign nationals who want to start a business in the United States have asked the lawyers at Scott Legal, P.C. to explain the different Visa options available to them.  This article reviews four very popular Visas that are available for Entrepreneurs, Investors & Business Owners and some of the advantages and disadvantages of each.  Here is a summary of the key aspects of each Visa.

E-2 Investor Visa

An E-2 Visa is a Visa option for business owners that wish to start a company in the United States that they want to develop and direct the operations of.  Although a person could live indefinitely in the U.S. with an E-2 Visa, it is a non-immigrant Visa which means that it does not lead to a green card.  In order to qualify for this Visa, you must either start a business or buy a business that you plan to run and the investment amount really depends on the type of business you start. For example, if you start a consulting firm, the amount of investment can be as low as $50,000.  If you start a manufacturing plant, the required investment amount would be much higher. In addition to the unlimited duration of the E-2 Visa (as long as you continue to run the business) and the potentially small investment amount, this Visa has the additional advantage of allowing an Investor’s spouse and children to join them in the U.S. and the spouse can get authorization to work in any field.  Find out more about E-2 Visas by clicking here.  Also view frequently asked questions by clicking here.

EB-5 Immigrant Investor Visa

An EB-5 Visa is a great visa option if you have a large amount of capital and is often referred to as the million dollar Green Card. The key advantage of this Visa is that you and your immediate family get green cards, but the down side is that the Visa requires a substantial investment (could be $1,000,000), EB-5 law is a very complex legal area (so expensive), and the Visa petition requires extensive documentation.

There are 5 main criteria to get an EB-5 Visa and they are as follows:

  1. You must invest or be actively in the process of investing either $1,000,000 in a city settings, or US $500,000 in rural settings;
  2. You must show that the funds come from a legitimate source
  3. The entire amount of the investment must be active or at risk (this means that you cannot just be thinking about buying a business and you have to put capital up that could be lost)
  4. You must make the investment in a “new” or “existing business enterprise” (this allows you to create your own business or buy one); and
  5. You must demonstrate that the investment directly or indirectly results in the creation or preservation of ten full time jobs

Find out more about EB-5 Visas by clicking here. Also, view frequently asked questions by clicking here.

H-1B Visa

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.  This visa category requires that the beneficiary (the foreign worker) have a Bachelor’s degree, and the Petitioner (the U.S. company) can employ the worker for up to six years.  In the case of a Business Owner, Investor or Entrepreneur, the petitioner and the beneficiary are often the same person but a business owner can use this Visa to sponsor his employees also.  An H-1B Visa can be a tricky visa for a Business Owner if the owner is also the beneficiary as there are strict laws that govern whether or not a person who has an ownership interest in a company can sponsor themselves for an H-1B Visa.  While difficult, it is not impossible and can be done with the help of a qualified immigration specialist.  For more on H-1B Visas click here.

L-Visa

The L-Visa allows a company to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  As such, this visa can be used by foreign entrepreneurs, investors, & business owners who want to move either themselves or their employees to the U.S..

To qualify for L-1 classification, the employer must:

1. Have a qualifying relationship with a foreign company; and

2. Currently be, or will be, doing business as an employer in the U.S. and in at least one other country directly for the duration of the beneficiary’s stay in the United States as an L-1.

If you are considering an Investor or Entrepreneurial Visa, contact Scott Legal, P.C..  For more information on these and other immigration Visas click here.  You can also call us at 212-223-2964 or email us at iscott@legalservicesincorporated.com.

Click Here for PDF Version

Also, click here for your free White Paper that summarizes the top 10 Immigration Questions and Answers.

22 Comments

  1. Kahen November 3, 2015 11:23 am

    Hi dear sir thanks about this valuable opportunities i manage to found this address and im un entrepreneur i got a project like besd social media platforms need to be implement in the USA and i need more information about H-1B visa thanks in advance. #Best regards

    Reply
  2. mihir patel November 8, 2015 7:01 pm

    Dear sir,
    Thanks about your information, but I want to know ,my friend had business in usa and I invest my money in his same business from India but now that same business is not doing good so I want to go to usa to run the business on my way. So is it any visa there in USA for me and my family???

    Reply
    • IanScott November 8, 2015 7:03 pm

      Thank you for contacting us. We would need more information and could do this if you wish to set up a consultation. Our fee of 250 is applied towards your final bill if you hire the firm. Please contact us if you would like to set something up. Kind regards,

      Reply
  3. Linda December 29, 2015 9:56 am

    I own property in the U.S. And wish to us this to get a line of credit to buy a business in the U.S.
    I do not live there so would need a visa
    How can I do this

    Reply
    • IanScott December 29, 2015 2:36 pm

      Thank you for contacting us. You could get a loan that was secured against personal assets to buy a business and apply for an E-2 visa. We would be happy to help you with this. Please contact me if you would like to set up a one hour consultation.

      Kind regards,

      Reply
  4. ANIS March 13, 2016 7:36 am

    Dear Sir.
    I want to start a small business in USA and i have almost US $ 60000.
    Can start a small shop or any other small business in USA.
    I am married and have four kids. After start the business, Can i move to USA along with my family.
    Please advise.

    Regards.
    Anis.

    Reply
    • IanScott March 13, 2016 6:41 pm

      Thank you for contacting us. $60K may be enough but it would depend on the business and the country. We would be happy to set up a one hour consultation to go over different options. We look forward to hearing from you.
      Kind regards,

      Reply
  5. faustino rodriguez May 9, 2016 5:25 am

    hi,i have a manufacture business in california i have federal employer id i have 11 employes and yearly sales are over one million can i qualified for visa

    Reply
    • IanScott May 9, 2016 1:39 pm

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Reply
  6. AHMED June 10, 2016 4:02 pm

    I am from Ethiopia and I want to establish electronic mobile phone prepaid airtime top up company in USA wich my cost around 250000 U.S. dollar . I need help to move to USA.

    Reply
  7. Rahul SenGupta August 3, 2016 1:08 am

    Hello Sir,
    I have a bachelor degree in information technology in Project Management. I am a F1 status but I got married to an american citizen. i have applied for change of status. I got my work permit last month. I wanted to know will i be able to start my new business on the work permit that i have received from USCIS or do i have some kind of restriction on my work permit.

    Reply
    • IanScott August 3, 2016 3:20 am

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Reply
  8. Sam September 1, 2016 10:26 am

    Hi,
    I am currently the Director of a IT consulting business in the UK with a turnover of around $250,000 per annum. I would like to immigrate to the US (Along with my wife and two minor kids) and set-up my business and expand there. I thought L1 may be a good option. However I understand that there could be other options like E2 or H1B.
    Could you please suggest what would be the best option for me ? And also please let me know your fees.

    Regards
    Sam

    Reply
    • IanScott September 5, 2016 11:33 am

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached our E-2 visa brochure here that describes our services and fees. We can help you with the E-2 visa, your business plan and your business entity set-up.

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

      Reply
  9. Vikash September 22, 2016 3:34 pm

    Hello Sir,

    I want to start documentary style wedding photography in the USA and I am from India. What kind of legal structure would be more suitable? Write now I want to get some initial ideas than I would like to seek for consultation. Thanks

    Vikash

    Reply
    • IanScott September 26, 2016 3:08 pm

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Reply
  10. Duong September 27, 2016 9:24 pm

    Scott,
    I am in the Orange County, California at the moment I am in the process of buying a $100k plus business. Would you be able to help me on all the legal document for me to stay and get a business visa? Thank you kindly,

    Duong

    Reply
    • IanScott September 27, 2016 10:03 pm

      Certainly. Please give me a call at 212-223-2964 and we could have a brief discussion and I can describe our services. I am free now if you are available or we could speak tomorrow. Thanks,

      Reply
  11. Ton October 31, 2016 11:34 pm

    Hi lanScott,
    I’m a international student. I wanna open a business in the US. I have about $300000.00 to open my own business. Can i open a business? And can i change my F1 status to green card when i open a business? I wanna get green card to do my idea likewise a citizen. Please show me it’s possible or not.
    Thanks and best regard,
    Ton

    Reply
    • IanScott November 1, 2016 3:44 am

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      http://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

      Reply

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