USA Business | PathVisas

Business Immigration

Here is a detailed breakdown of

USA active business immigration options, including eligibility criteria, requirements, step-by-step application procedures, processing times, and associated costs for each program.

Types of Business Immigration Pathways in the USA

EB-5 Immigrant Investor Program: A pathway to permanent residency for investors who make a significant financial investment in a U.S. business and create jobs.
E-2 Treaty Investor Visa: Allows citizens of certain countries with trade treaties with the U.S. to invest and manage a business.
L-1 Intracompany Transferee Visa: For employees of international companies who are transferring to a U.S. branch, affiliate, or subsidiary.
EB-1C Multinational Executive or Manager Visa: A green card pathway for senior executives and managers of multinational companies.
O-1 Visa for Individuals with Extraordinary Ability: For business founders or entrepreneurs with exceptional achievements.
H-1B Specialty Occupation Visa: For professionals with specialized knowledge employed by a U.S. company, with a business option for founders.
Start-Up Visa/Entrepreneurial Pathways: While there isn't a specific "start-up visa," various programs, including parole pathways and the International Entrepreneur Rule, offer options.

Eligibility Criteria

1. EB-5 Immigrant Investor Program

Investment Requirement: Minimum of $1.05 million or $800,000 in a Targeted Employment Area (TEA) such as rural or high-unemployment regions.
Job Creation: Must create or preserve at least 10 full-time jobs for U.S. workers.
Source of Funds: Applicants must demonstrate that investment funds were obtained legally.

2. E-2 Treaty Investor Visa

Nationality Requirement: Applicant must be a citizen of a country with a U.S. treaty of commerce and navigation.
Investment in Business: No minimum amount is specified, but the investment must be "substantial" relative to the business type.
Operational Role: The investor must direct and develop the business.
Nonimmigrant Status: E-2 visas do not offer a direct path to permanent residency but can be renewed indefinitely as long as the business operates successfully.

3. L-1 Intracompany Transferee Visa

Employment with Foreign Company: The applicant must have worked with a foreign affiliate for at least one continuous year within the past three years.
U.S. Presence: The applicant must be transferring to a managerial, executive, or specialized knowledge position within the U.S. entity.
Company Structure: U.S. branch, subsidiary, or affiliate relationship with the foreign company must exist.

4. EB-1C Multinational Executive or Manager Visa

Multinational Managerial Experience: Senior managerial or executive roles at a foreign company for at least one year.
U.S. Operations: The U.S. employer must have an established operation, and the candidate must occupy a managerial role in the U.S.

Requirements

Detailed Business Plan: Especially for entrepreneurial visas, demonstrating business viability, market research, and economic impact.
Proof of Funds: Bank statements or financial documents verifying available capital and its legal source.
Legal Compliance: Must comply with U.S. labor, business, and tax regulations.

Timeline and Process Overview

1. Research and Planning (3-6 Months):

Identify the most suitable visa type.
Develop a business plan or prepare investment documentation.

2. Application Preparation and Submission (1-3 Months):

Gather and submit necessary documentation, including financial and corporate records.

3. Processing Times (Varies):

EB-5: Processing times can range from 12 to 24 months or longer.
E-2: Typically processed within a few months.
L-1: Can be expedited under premium processing.
Entrepreneurial Visas: Vary based on category and individual circumstances.

4. Entry and Business Operations Setup

Once the visa is approved, entry into the U.S. is permitted to establish and manage the business.

Costs Breakdown

EB-5 Visa Costs:

Minimum Investment: $1.05 million or $800,000 in TEA.
Application Fees: $3,675 for Form I-526 (Immigrant Petition by Alien Investor).
Legal Fees and Other Costs: Real estate, business setup fees, administrative costs, and regional center fees (if applicable).

E-2 Visa Costs:

Investment Threshold: No specific minimum, but substantial investments are required.
Application Fees: Typically around $205 for visa processing fees.

L-1 Visa Costs:

Filing Fees: Range from $460 for Form I-129 to potential additional fees for company petitions.

Investment & Bank Statement Requirements

Proof of Legal Funds: Must verify the legality of funds for investment purposes.
Bank Statements: Generally covering the past six months to a year to demonstrate financial stability and liquidity.

Company Sustainability for Permanent Residency and Citizenship

Business Viability: U.S.-based businesses must demonstrate profitability, legal compliance, and continued economic contributions.
Job Creation: Especially relevant for EB-5 and some entrepreneurial visas; sustained job creation can support permanent residency applications.
Pathway to Citizenship: Most business immigration visas can lead to permanent residency (green card), and eventual naturalization after five years as a green card holder.

Startup Business Support (Accelerators, Incubators, Angel Investors)

Startup Incubators and Accelerators: Many U.S. cities offer startup hubs, incubators, and accelerator programs to support innovative businesses.
Investor Access: Extensive networks of venture capital, angel investors, and funding resources are available.

Licenses and Self-Sponsorship Requirements

State and Local Licenses: Specific licenses may be required based on the business's nature and location.
Self-Sponsorship: Entrepreneurs can effectively self-sponsor by setting up a business under the appropriate visa categories (e.g., E-2).