There are many people that immigrate into the United States in search of new and exciting opportunities. For some, it is the dream of starting their own business, but the process may seem too daunting to pursue. We are here to shed some light on how different types of visa holders can start their own businesses in the United States.
We have extensive experience handling business immigration visas and helping our clients achieve their entrepreneurial goals.
Starting a Business on an H-1B Visa
Fortunately, starting a business in the United States as an H-1B nonimmigrant is almost exactly the same as it would be for a U.S. citizen, with one exception. H-1B holders are required to set up an entity that has control over their role and their salary.
In January of 2010, the USCIS released a memorandum specifying the conditions under which they are allowed to establish a business. The main points include:
- The H-1B holder cannot be the sole proprietor of the company
- The must be an entity, such as a board of directors or CEO, that has the ability to hire, pay, and even hire the visa holder.
- The company must be bona fide and not created in order to gain a visa in the first place.
- The visa holder’s position must require a bachelor’s degree or higher.
- The company must have a business plan to hire American workers
When it comes to finding a place to start regarding H-1B regulations, our experienced immigration team is the perfect place to start. Contact us today through our website or give us a call at (703) 552-5051!
E-2 Treaty Investor Visas for Business Owners
This visa is designed for business owners that want to start their own business in the U.S. E-2 visa holders are able to stay in the United States indefinitely, but it does not have a path that leads to a green card.
The cost of obtaining one of these visas depends on the investment made in the type of business you wish to start. Businesses such as consulting firms can start with an investment as low as $50,000, while a manufacturing plant will have to make a substantially larger investment.
Holders of this visa, as well as their spouse and children, are able to stay within the U.S. indefinitely as long as they maintain running the business.
L-1A & L-1B Visas for Foreign Entrepreneurs
L-1A and L-1B visas allow foreign executives to transfer a manager from one of its affiliated foreign offices to the United States with the purpose of establishing a new one. This visa can be used by foreign entrepreneurs in order to move themselves and their employees to the U.S.
To qualify for this visa, employers must:
- A qualifying relationship with a foreign company
- Currently, or will be, doing business as an employer in the United States in at least one other country for the duration of their stay.
Our Business Immigration Attorneys Can Guide You Through the Visa Process
We understand that the laws surrounding visas for potential entrepreneurs and business owners can be complex and confusing. Our firm can help you sift through the red tape and help you achieve your goals in the easiest and most cost-effective way possible.
If you are abroad and looking to start a business in the United States, contact us online or call (703) 552-5051 to schedule a consultation.