Immigration Law for

Business Based Immigration

Opening your business in the U.S. is one of the many options to become a U.S. immigrant, lawfully residing in the country. Since the U.S. is aggressively promoting investments for the benefit of their economy, business-based immigration has become a popular option and the government greatly favors it.

If you have a thriving business that’s ever booming in your home country, expanding your business and setting it up in the U.S. will make it more profitable, plus you get the benefit of becoming an immigrant. The process might look easy, but there’s a lot of things you need to be familiar with. Lawyers for business immigration can offer assistance and you can consult them if you have any questions.

Types of Visas for Business Immigration

There are basically 2 ways you can enter the country to start your own business – as an entrepreneur with extraordinary ability (EB-1 or O-1), or as an immigrant investor (EB-5 or E2). Applying for these types of visas are more challenging compared to family-based and employment-based immigration, which is why we recommend finding lawyers for business immigration before applying for any of them.

Also, please note that these visas grant immigrant, or non-immigrant status depending on which type you choose. Visas that give immigrant status usually have a much higher standard compared to the non-immigrant types.

Where to find lawyers for business based immigration

If you’re having doubts regarding your qualifications for business-based immigration and you want to apply, you can reach our most competent lawyers for business immigration who can explain these to you in more detail.

Contact us today and let us connect you with a professional business immigration lawyer to answer your queries and facilitate your application for business-based immigration.

Business Immigration Visas for People with Extraordinary Ability

These are commonly known as the “Einstein visa” or “rockstar visa” because they’re mostly granted to individuals of high acclaim such as scientists, actors, musicians, and athletes. However, this can also apply to top-tier business owners.

EB-1 Visa

You can apply for an EB-1 visa if you want to run your business in the U.S. as an immigrant with permanent status. The USCIS has set the bar high for this type of visa. To qualify for EB-1 visa, you need to satisfy at least 3 from a given set of requirements:

  • You’re an industry leader in your country.
  • You became a speaker during conferences of high-profile industries.
  • Your business has a $1 million or $1 billion dollar valuation
  • Your business was featured in an international publication
  • You’re given prestigious awards in business
  • You own copyrights and/or patents of high value

You’ll probably need lawyers for business immigration to see to it if you’re a good fit for EB-1 visa. They’ll evaluate your claims based on the USCIS standards and help you decide whether to pursue or find an alternative route.


O-1 Visa

Similar to EB-1, you can apply for O-1 if you want to be an entrepreneur in the U.S., but only on a temporary basis (non-immigrant). However, the barrier to entry for this type of visa is lower compared to EB-1. You can renew your O-1 visa indefinitely as long as you’re in business and you’re operating within U.S. laws and regulations.

Your business immigration lawyer might advise you to apply for an O-1 visa if you don’t qualify for EB-1. Criteria for both EB-1 and O-1 are highly subjective, so you’re going to need an experienced immigration lawyer to assess the merits of your claims and decide accordingly.

Business Immigration for Investors

If you’re entering the country as an investor, you can apply for one of two visas: EB-5 and E-2. These visas are mostly reserved for entrepreneurs who want to invest in a business, whether it’s their own business or the U.S.’s, mainly for the purpose of creating jobs in the country. They usually involve a sizeable amount of investment between $100,000 to $1 million.

EB-5 Visa

This type is exclusionary (capped to 10,000 visas per year) and grants immigrant status to foreign investors. The barrier to entry is fairly high and requires proper documentation, including your business plan, investment agreement, and copies of job postings. Make sure to have the following in order before applying for EB-5:

  • Not less than $1.8 million invested in your business (business loan or your own savings)
  • Post at least 10 permanent full-time jobs for U.S. workers

E-2 Visa

For those who don’t qualify for EB-5, the E-2 or “treaty investor” visa might be a better option. Investments for this type of visa is much lower compared to EB-5. However, it doesn’t give permanent status to the holder (non-immigrant visa). To get approved, you need to have at least $100,000 investment. There’s no minimum investment, but most of the time, investors with less than the recommended amount have high rejection rates. To qualify for E-2, you need:

  • An investor treaty between your country and the U.S.
  • Details regarding your business.
  • Evidence of your bank account balance and investor agreement.

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