IMMIGRATION LAWYERS IN USA: YOUR GUIDE TO VISA OPTIONS FOR ENTREPRENEURS

Introduction to Immigration Lawyers in USA

The USA is a major attraction point as far as entrepreneurship goes. Due to its entrepreneurial-friendly policies, rich startup ecosystem, and myriad sources of capital, it is an entrepreneurs’ melting pot. 

Most USA work visas require a domestic employer to sponsor the foreign employee. Foreign nationals are also eligible to get a visa to be an entrepreneur. There are few business people’s visa options, and the whole process is highly complex. This is why you need an immigration lawyer in USA to guide you through the process. 

If you would like to establish a company in USA or already own one, then you will probably be eligible for an immigration or non-immigrant visa. Positively, there is an excellent range of USA immigration law possibilities from which to choose. Unfortunately, however, if you are overseas beyond the USA, then it might be challenging to start a firm whilst abroad. In this case, you should speak with an immigration lawyer in USA. 

This post gives an overview of some of the most popular routes for global business leaders who want to live and conduct their business in USA. 

Visa options for entrepreneurs 

To lure entrepreneurs from across the globe, the USA offers various entry points for foreign nationals to gain a visa and become entrepreneurs. Some of the most sought-after ones are as follows: 

• International Entrepreneur Rule (IER).  

To be eligible for an IER visa, the noncitizen should possess a substantial interest (at least 10% at initial application and at least 5% at renewal) in the start-up and play a critical role in running it. Also, the company must be legally operating in the USA, must have been set up within the last five years of the petition, and must have favorable potential for quick growth and job opportunities within the USA. Find out more about this US business immigration option, you can talk with an immigration lawyer in USA. 

• The E-2 ‘Treaty Investor’ visa.  

The E-2 visa is a viable and usually a better choice for entrepreneurs wishing to start a firm in USA or to invest in a firm that is already up and running. This is an immigrant visa for those nations with which the USA has a treaty. You will have to prove you have invested heavily in the business in the USA; there is no minimum, and what is “substantial” will typically be in proportion to the size of the entire enterprise. You can invest money, shares, or intellectual property, but it must be enough to operate the business in a positive way. $60,000, for instance, might be too much for a juice bar, but too little for a business that needs a lot of inventory or one that sells product with many inputs. You can assess your eligibility for this US immigration option by consulting with an immigration lawyer in USA. 

An E-2 visa can be renewed as long as the business is ongoing and the investor-entrepreneur remains actively involved in it. These investors must not have or be operating a business in their home country, nor, if they do, need the USA E-2 business be the same as their foreign business. An immigration lawyer in USA can help you apply for a renewal of an E-2 visa, if you already have one. 

• The national interest waiver option. 

Some entrepreneurs are qualified to apply for the EB-2 national interest waiver visa, an immigrant visa that leads to a green card. They don’t need a job offer or USA sponsor with this visa; they can apply on their own ro with the help of an immigration lawyer in USA. To be eligible, the entrepreneurs should prove that they have superior skills or an advanced degree from a US university, and they should prove that they have work which is important for the nation. They should prove that their business plan indicates that they will likely succeed. The project of the applicant must be important enough that they will be exempted from the employment offer requirement. 

If entrepreneurs wish to achieve this visa, they will have to be willing to present good and cogent evidence, along with a sound business plan. This may vary from such details as their education, work, investments, or growth in revenues. It can also include info on generation of jobs, awards and grants, mention in the press, and endorsement by professional and industry groups. To prove your case when applying for this visa, you should seek the help of an immigration lawyer in USA. 

• EB-1C visas (for multinational managers and executives). 

The EB-1C visa is another option for gaining a green card/immigrant visa, specifically for certain multinational executives and managers who have worked overseas for one or more years. Their company must be associated with a US company, as a parent, subsidiary, affiliate, or branch. The American sponsoring company of the EB-1C must be at least one year old and must give the foreign applicant an executive or managerial job in America. 

It does not necessarily mean the American company should be big in size; revenue, profit, investment, or employee minimums are not required. This means small companies can be considered as long as they are EB-1C compliant and can support paying the salary offered. 

The EB-1C visa gives you permanent residence and does not involve the time-consuming labor certification process, so waiting for a green card is significantly less time-consuming than in other employment categories. 

The majority of L-1A managers or executives in the USA prefer the EB-1C route to achieve permanent residence. The visa, though, is not exclusive to L-1 employees but can also benefit multinational managers or executives who have not been working in L-1 status in the US and want to gain a green card, as long as they meet the requirements of the visa. You can learn more about these options by speaking with an immigration lawyer in USA. 

Get help! 

If you are thinking about starting a business or working in the USA as an entrepreneur, it is a good idea to talk to an immigration lawyer in USA to check out your visa choices and help you with the application process. 

Don’t hesitate to reach out to any of our immigration lawyers at Gehi and Associates to chat about which visa might be best for you!