Business and Investor Visas – Expand Your Opportunities in the U.S.

Entering the U.S. market requires more than vision — it requires navigating a complex immigration system. Our firm helps entrepreneurs, executives, and investors secure the right visas to grow their businesses in America.

Our Business & Investor Visa Services

EB-5 Immigrant Investor Program

To qualify for an EB-5 visa, you must either invest $1,050,000 in 1) a new U.S. business or 2) improving or expanding an existing U.S. business. Another way of obtaining the visa is investing $800,000 in a U.S. business in a rural area, as defined by USCIS, or an urban area with a high unemployment rate, typically 150% above the national average. Both of these options require the EB-5 investor to be actively engaged in the management of the company and requires the business employs at least 10 full-time workers.

If the EB-5 investor does not want to have an active role in the business, he or she can invest through a USCIS designated regional center. The centers must meet certain standards, such as creating jobs, either directly or indirectly.

EB-5 investors are allowed to apply for visas for their spouse and children along with their own visa. There is a limit of 10,000 visas awarded every year.

Policies frequently change regarding the very strict definitions and particulars of this visa.

L-1 Intra-Company Transfer

A visa under the L-1 category is used to transfer either managers and/or executives or employees with specialized knowledge from an office outside of the U.S. to an U.S. office. Although the business will need to meet certain criteria, like the relationship between the international and U.S. corporation, an individual can be transferred to the U.S. to set up a new office. There are certain steps that are necessary to transfer an employee to an office that is just getting started.  There are two categories of L-1 visas:

·      L-1A – This visa is used for executives and managers of the company and you must show how the executive/manager meets the definition of one according to immigration laws and regulations.

·      L-1B – This visa is used for individuals who have specialized knowledge, as defined by federal regulations, about the company’s operations, which can mean knowledge of such things as products or research or even management methods.

International Entrepreneur Rule

Department of Homeland Security can grant an entrepreneur a period of time to stay in the U.S., if the entrepreneur can show that they can provide a public benefit. The entry into the U.S. or allowing the individual to stay in the U.S. is not under a visa, but, instead, is considered a parole. The period of parole can be renewed, but the parole, in total, cannot last more than 5 years. However, during this time, you may be able to apply for another visa that allows you to stay in the U.S. for a longer period or give you a pathway to citizenship.

EB-1A The Extraordinary Ability Pathway

To receive an EB-1A visa, you must show that you are an expert in your field and that you have reached the status of either national or international acclaim. To do so, you can show that you either received a one-time internationally recognized award or meet 3 out of 10 criteria listed by USCIS. Some of the criteria can include newspaper articles, publications, and nationally recognized awards. The EB-1A category is not limited to a specific profession and can be used for someone who demonstrated an extraordinary ability in business. Also, this visa does not require a job offer or be employer sponsored. One thing that sets this visa apart from the others is that you receive permanent resident status upon approval of your application. 

EB-2 Advanced Degrees/Exceptional Ability

The EB-2 visa falls into two categories:

EB-2A - People with advanced degrees, mainly meaning postgraduate degrees; or

EB-2B - People with exceptional abilities, meaning you have accomplished significantly more than the average person in your field.

Generally, a permanent labor certification (PERM) is required for this visa, except Schedule A professions,  there is a national interest waiver in the interest of the U.S.

O-1 Visa for Extraordinary Ability

O-1 visas are broken down into the following categories:

O-1A – individuals who can exhibit extraordinary ability in sciences, education, business, or athletics;

O-1B – individuals who exhibit extraordinary ability in the arts; and

O-2 – individuals who are necessary to assist the O-1 visa holder athlete or artist.

As with the EB-1A category, you will have to prove the extraordinary ability by meeting the criteria set forth by the USCIS. Although you do need sponsorship for this visa by a U.S. company, a U.S. agent, or a foreign company through a U.S. agent, entrepreneurs and start-ups can be sponsored by their own company, if the employer-employee relationship meet the established requirements.

The O-1 visa is a nonimmigrant visa and must be renewed prior to the visa expiring. Additionally, spouses and children of O-1A, O-1B, and O-2 visa holders can be granted visas to accompany the primary visa holder.

B-1 Business Visa

B-1 visas are temporary visas allowing individuals to enter the U.S. for up to six months to conduct business functions without operating a business in the U.S. This visa is for entrepreneurs and members of a company in the beginning stage of the U.S. business to do such things as negotiate a contract or set up office space. If you would like to send executives or employees to the U.S. for a conference or convention, this visa is for you. Also, the B-1 visa is great for international businesses who need to send staff to help train U.S. buyers on their product, such as software or machinery.

Visa Waiver Program

The Visa Waiver Program allows individuals from 41 countries to come to the U.S. without a visa, as long as they meet certain requirements, and they can stay for 90 days. This allows individuals accomplish basic business tasks, as they would with the B-1 visa.

E-1 Treaty Traders

To receive an E-1 visa, you must 1) be a national of a country listed by the Department of State that is a country that the U.S. maintains a treaty of commerce and navigation; 2) conduct substantial trade; and 3) conduct principal trade between the U.S. and the qualifying treaty country. Employees of such companies can also receive the E-1 visa and the visa recipients can also apply for a visa for their spouse and children.

E-2 Treaty Investors

To receive an E-2 treaty investor visa, you must 1) be a national of a country listed by the Department of State that is a country that the U.S. maintains a treaty of commerce and navigation; 2) have an investment or is investing in an enterprise in the U.S.; and 3) enter with the intention of only overseeing that investment. The enterprise must be able to produce enough money for the visa holder to survive on. The visa holder’s spouse and children can also apply for visas, but, as a nonimmigrant visa, this visa is only for 2 years and then must be renewed.

Why Choose Us?

We combine immigration expertise with business insight, ensuring your visa strategy aligns with your long-term growth plans.

Schedule a consultation to discuss your business immigration goals.

Schedule a Consultation