Yes, immigrants can start a business in the United States. There are several visa options available for immigrant entrepreneurs, including the E-2, L-1A, and EB-5 visas. Each of these visas has different requirements and benefits, making it essential to choose the one that best suits your business plans and personal circumstances. Make sure you consult an immigration attorney before making any decision.
E-2 Visa: Treaty Investor Visa
The E-2 visa is designed for investors from countries that have a treaty of commerce and navigation with the United States. This visa allows individuals to enter the U.S. to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital.
Key Requirements:
The applicant must be a national of a treaty country.
The investment must be substantial relative to the business itself. There is no fixed minimum amount specified in the E-2 regulations.
The business must be a bona fide enterprise, meaning it is a real, active, and operating commercial or entrepreneurial undertaking.
The investment must be at risk, indicating that there is a chance of partial or total loss of the investment capital.
Benefits:
The E-2 visa can be renewed indefinitely as long as the business remains operational and meets the visa requirements.
It allows the investor's spouse and children under 21 to accompany them, with the spouse eligible for work authorization.
L-1A Visa: Intracompany Transferee Executive or Manager
The L-1A visa is for executives or managers of multinational companies who are being transferred to a U.S. branch, subsidiary, or affiliate of their company. This visa is suitable for business owners who already have an established company abroad and want to expand to the U.S.
Key Requirements:
The applicant must have been employed with the foreign company for at least one continuous year within the three years preceding the application.
The U.S. office must be a branch, subsidiary, or affiliate of the foreign company.
The applicant must be coming to the U.S. to work in an executive or managerial capacity.
Benefits:
The L-1A visa can be initially granted for up to three years, with extensions available for up to seven years in total.
It provides a pathway to permanent residency through the EB-1C visa category.
EB-5 Visa: Immigrant Investor Program
The EB-5 visa is designed for investors who make a substantial investment in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. This visa leads directly to permanent residency (a green card).
Key Requirements:
The investment must be at least $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA) with high unemployment or in a rural area.
The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.
The investor must be involved in the day-to-day management or policy formation of the business.
Benefits:
The EB-5 visa leads to a green card, allowing permanent residency for the investor, their spouse, and unmarried children under 21.
There are no restrictions on the type of business that can be started.
Starting a business in the U.S. as an immigrant is not only possible but also supported by various visa options that cater to different entrepreneurial needs. Whether you are looking to invest in a new venture, transfer an existing business, or make a substantial investment to gain permanent residency, the E-2, L-1A, and EB-5 visas offer viable pathways.
At Visa Business Plans, we specialize in crafting comprehensive and realistic business plans tailored to meet the requirements of these visa categories. Our expertise ensures that your business plan not only supports your visa application but also sets a solid foundation for your business's success in the U.S. Contact us today to learn more about how we can assist you in achieving your entrepreneurial and immigration goals.
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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