Options for Alien Entrepreneurs in the U.S.
The U.S. offers multiple visa and green card options for foreign entrepreneurs. This blog covers temporary and permanent pathways to help you start or manage a business in the United States.
Table of Contents
- Key Questions to Consider
- Temporary Pathways (Visas & Parole)
- Permanent Pathways (Green Cards)
- Additional Resources
Key Questions to Consider
Before choosing an immigration pathway, consider these questions:
- Do I need to invest or own part of the start-up?
- Is a specific job title or role required?
- What are the legal requirements for the business?
- Do I have the skills or education needed?
- Am I looking for a temporary or permanent option?
Temporary Pathways (Visas & Parole)
These options allow you to live and work in the U.S. for a limited time. You may be able to switch to a permanent status later.
1. International Entrepreneur Rule (IER)
- Ownership: Minimum 10% initially
- Role: Central and active
- Validity: Up to 30 months, renewable once
2. B-1 Visitor Visa (Business Purpose)
- Allowed: Secure funding, meet partners, lease space
- Not allowed: Work or manage U.S. business
- Validity: Up to 6 months
3. E-2 Treaty Investor Visa
- Investment: Substantial capital
- Control: At least 50% ownership or control
- Validity: 2 years, renewable without limit
4. F-1 OPT for Student Entrepreneurs
- Eligibility: Related to degree
- STEM Extension: 24 months (requires E-Verify employer)
- Total Validity: Up to 36 months
5. H-1B Specialty Occupation
- Job: Requires specialized degree
- Employer: Petitioning U.S. company
- Validity: 3 years, renewable up to 6 years
6. L-1A Intracompany Transfer
- Company: U.S. and foreign entity must be related
- Role: Executive or Manager
- Validity: Up to 7 years
7. O-1 for Extraordinary Ability
- Criteria: National/international recognition
- Role: Work in your field of expertise
- Validity: 3 years + 1-year extensions
Permanent Pathways (Green Cards)
These options lead to permanent residency (Green Card), allowing you to live and work in the U.S. indefinitely.
1. EB-1A: Extraordinary Ability
- Requirements: National/international acclaim
- Offer of Employment: Not required
- Labor Certification: Not required
2. EB-2 with National Interest Waiver (NIW)
- Requirements: Advanced degree or exceptional ability
- Waiver: If work benefits the U.S. significantly
- Labor Certification: Waived
3. EB-5 Immigrant Investor Program
- Investment: $1.05M or $800K in a Targeted Area
- Job Creation: At least 10 full-time U.S. jobs
- Engagement: Active in daily or policy operations
Additional Resources
For more details on requirements and application processes, visit:
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding a U.S. immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
