More than 40 million people living in the United States today were born in another country. People come here for many different reasons. These include everything from furthering education to fleeing war or human-rights violations. Many immigrants come to the United States for economic or business opportunities. These include many entrepreneurs and investors. With the exceptions for cases like refugees, almost everyone coming to the United States must seek a visa. This article covers what visa options are available for entrepreneurs and investors. Keep reading to find out what the law says and how it applies to your situation. Continue reading to learn more about US investor visas and entrepreneur visas.
What Is a U.S. Visa?
First, it is important to distinguish between the purposes and requirements of a U.S. visa versus other types of status. A visa is the right of an individual to visit the United States for a particular duration. This is based on the reason for their visit, such as education or working in the country.
There are two types of visas: immigrant and nonimmigrant. This is important because an immigrant visa is for someone who intends to become a citizen. Nonimmigrant visas are for people who plan to remain in the country only temporarily.
The type of visa you have also determines your “immigration status.” For instance, someone with a “student” or “work” visa is required to meet certain conditions for the duration of their stay. A green card holder means that a person, while not a citizen, is considered a “lawful permanent resident.”
U.S. Visa Options for Entrepreneurs and Investors
Entrepreneurs and investors play a major role in U.S. economic growth. This includes job creation.
For this reason, there are various visa options for such individuals. Each requires its own specific application and filing fee. Here are the main non-immigrant visas available.
L-1 Intracompany Transferee Visa
An L-1 intracompany transferee visa is a specific category designed for executives, managers, or employees. Applicants must also possess specialized knowledge of a subject. Specifically, these visas are for individuals who wish to transfer from a foreign corporation to a U.S. affiliate.
There are a few requirements for this visa program. One is that the two corporations be connected through ownership and control. Also, those seeking a visa must show that they have worked in an executive or managerial role for at least one year before applying.
For these reasons, the L-1 intracompany transferee visa program may not be the best option for a new company. However, it provides a unique opportunity for entrepreneurs who have launched start-up companies outside the United States and have employees who wish to transfer to the U.S. location.
E-1 Treaty Trader Visa
An E-1 treaty trader visa is another way for entrepreneurs or investors to lawfully work in the United States. These pertain to countries with which the United States has a “treaty of commerce and navigation.”
A person seeking an E-1 visa must be coming to the U.S. to carry out business related to trade. This includes trade related to goods, services, or money.
They also must be able to show that this is happening. For instance, they may need to show various documents, such as purchase orders or money transfers.
The U.S. Department of State assesses these transactions and ascribes them value. For this reason, high-value transactions are given greater consideration. However, almost anyone can apply for an E-1 treaty trader visa, even employees of small businesses.
E-2 Treaty Investor Visa
E-2 treaty investor visas are similar to E-1s. They too are only for workers from countries with which the U.S. has a treaty.
As the name suggests, in order to get an E-2 treaty investor visa, the nature of the business must be investing. The person seeking the visa must have at least 50 percent ownership of the enterprise or have a managerial position with the company. They must also be able to show a lawful origin of the investment funds.
O-1 Visa
One of the most unique yet beneficial visa options for entrepreneurs and investors is the O-1 program. This is designed specifically for workers who have extraordinary expertise in a particular field.
There are two types of O-1 visas. The O-1A is a category for individuals who possess special knowledge and expertise in the sciences, education, business, or athletics.
The O-1B visa is for those with extraordinary achievements in the arts. This includes actors, directors, musicians, and artists.
O-1 visas are usually granted for a period of three years, though the applicant can request a longer duration based on the nature of their work. Applicants must have a job offer from a U.S. employer.
They also must be able to prove their level of expertise and achievement. This might include showing membership in prestigious organizations or publication of their work.
The Importance of Hiring an Immigration Attorney
As you can see, immigration law is one of the most complex legal areas. Part of the reason for this is that it is always changing. New laws and regulations are constantly passed, which means what is the case today may be entirely different tomorrow.
Also, no two immigration cases are alike. Your situation likely involves unique circumstances, warranting particular processes and filings to achieve visa status.
For these reasons, it is almost always in your best interest to consult an experienced immigration lawyer. They will have their finger on the pulse of ever-changing immigration laws and will know how to navigate them. They also will be able to advise you based on your distinctive circumstances, so that you can know what steps to take and when.
Find Immigration Assistance Near You
Now that you understand what U.S. visa options are available for entrepreneurs and investors, you can take the appropriate steps to secure one. An experienced immigration attorney can further advise you on the right visa for you and help ensure it gets approved.
Among other areas, the Boyer Law Firm specializes in immigration law. Our team of legal experts can help you navigate the complex world of U.S. immigration law and get you the results you desire. Reach out to us today to discuss your case.