If you are an entrepreneur, investor, business owner, or professional considering opportunities in the United States, you may have encountered several visa categories that appear to fit your situation.
The challenge is that they work very differently. Some require an investment. Others depend on international trade, an existing foreign company, or the importance of your proposed work in the United States. Some provide temporary status, while others may lead directly to permanent residence.
There is no single “best” visa. The right option depends on your nationality, professional background, business activities, investment capacity, long-term goals, and several other factors.
Below is a brief overview of five visa categories that often apply to entrepreneurs, business owners, investors, and professionals.
E-2 Treaty Investor Visa
The E-2 visa may be an option for nationals of countries that have an E-2 treaty with the United States. It allows an applicant to invest in and direct a U.S. business. It also allows companies to transfer managers or key personnel to the U.S.
There is no fixed minimum investment. However, the investment must be substantial in relation to the cost of the business. The funds must also be committed and placed at risk. In addition, the business must be real and operating (or very close to becoming operational) and should have the capacity to generate more than just enough income to support the investor and the investor’s family.
You may identify with this example:
Sofia is a citizen of Italy. She wants to invest $175,000 to purchase and expand an operating bakery in Florida. She will own and direct the business, hire employees, and introduce additional products. Since Italy is an E-2 treaty country, the E-2 visa may be worth discussing with her immigration attorney.
The E-2 is a nonimmigrant visa. It does not automatically lead to a green card, although it may be renewed as long as the business and the applicant continue to qualify.
E-1 Treaty Trader Visa
The E-1 visa is designed for nationals of treaty countries who conduct substantial trade between the United States and the treaty country.
Trade can involve goods, services, technology, banking, insurance, tourism, transportation, and other qualifying activities. More than 50% of the company’s international trade must generally take place between the United States and the applicant’s treaty country.
You may identify with this example:
Henrik is a Swedish citizen who owns a logistics company in Sweden. The company regularly coordinates shipments between Sweden and the United States and earns a significant portion of its international revenue from this trade. Rather than making a new investment to establish an unrelated U.S. business, Henrik may want to ask his attorney whether the company’s existing trade supports an E-1 strategy.
Like the E-2, the E-1 is a nonimmigrant visa and is available only to nationals of qualifying treaty countries.
L-1A Intracompany Transferee Visa
The L-1A allows a qualifying foreign company to transfer an executive or manager to a related U.S. company. The U.S. operation may already exist, or the foreign company may establish a new office in the United States.
The applicant must generally have worked abroad for a qualifying organization for at least one continuous year during the three years before the application. The foreign and U.S. companies must also have the required corporate relationship, such as a parent, subsidiary, affiliate, or branch relationship.
You may identify with this example:
Camila owns and manages a successful software company in Colombia. The company has operated for six years and employs 28 people. Camila now wants to open a related company in Texas, transfer to the United States, hire a local team, and oversee the expansion. An L-1A new-office petition may be one option for her to explore.
Unlike the E-1 and E-2, the L-1A does not depend on the applicant’s nationality or a treaty with the United States. However, the foreign company must continue operating while the U.S. company conducts business.
The L-1A is a nonimmigrant classification, but it may provide a pathway to permanent residence for certain multinational executives and managers if all separate requirements are met.
EB-2 National Interest Waiver
The EB-2 National Interest Waiver, commonly called the NIW, may allow a qualified professional or entrepreneur to seek permanent residence without a traditional employer-sponsored job offer or labor certification.
The applicant must first qualify for the EB-2 category as a professional with an advanced degree or a person of exceptional ability. The proposed endeavor must also have substantial merit and national importance. The applicant must be well positioned to advance it, and the evidence must show that waiving the usual job-offer and labor-certification requirements would benefit the United States.
A good idea by itself is not enough. The proposed endeavor must make sense from an operational and business standpoint. It should explain what the applicant intends to do, how the work will be implemented, who will benefit, and how the initiative can realistically grow. Although the endeavor may begin by addressing a local need, it should demonstrate the potential to create a broader impact at the local, state, and national levels. It should also be closely connected to the applicant’s education, experience, achievements, and area of expertise.
You may identify with this example:
Daniel is an agricultural engineer with a master’s degree and 12 years of experience designing water-saving systems for commercial farms. He has successfully implemented these systems abroad and can document measurable reductions in water use.
In the United States, Daniel plans to establish a company that will initially work with farms in California to assess their water consumption and implement customized conservation systems. The company will partner with agricultural organizations, hire and train local technicians, and gradually expand into other drought-affected states.
By helping individual farms lower costs and conserve water, the endeavor would address a local business need while supporting statewide conservation efforts and the broader national goal of improving the sustainability of U.S. agriculture. Daniel’s proposed work is directly related to his background, supported by prior results, and built around a practical plan for implementation and growth.
The NIW is not limited to business owners. It can apply to professionals, researchers, entrepreneurs, and other qualified individuals whose proposed work may have broader importance to the United States.
EB-5 Immigrant Investor Visa
The EB-5 program offers a path to permanent residence through a qualifying investment in a commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers.
The required investment is generally $1.05 million. A reduced investment of $800,000 may apply when the investment is made in a qualifying targeted employment area or infrastructure project. The capital must be placed at risk, and the investor must document the lawful source and path of the funds.
Investors may make a direct investment in their own qualifying business or invest through an approved regional center. These approaches involve different business, immigration, and financial considerations.
You may identify with this example:
Ana plans to invest $1.2 million in a manufacturing company in the United States. The company will purchase equipment, lease a facility, and create at least 10 full-time positions. She has records showing how she accumulated and transferred the investment funds. Ana may want to discuss a direct EB-5 strategy with her immigration attorney.
EB-5 can lead to permanent residence, but it requires a significant financial commitment, detailed documentation, and careful planning.
Which Visa Should You Discuss With Your Attorney?
A few initial questions can help you begin the conversation:
Are you or your spouse a citizen of an E-1 or E-2 treaty country?
Are you investing in a U.S. business or conducting substantial international trade?
Do you already own or work for an established company outside the United States?
Will the foreign company continue operating?
Do you have an advanced degree, exceptional ability, or a strong record in a field with broader U.S. importance?
Are you seeking temporary status or a direct path to permanent residence?
How much are you prepared to invest?
What role will you perform in the United States?
How many jobs can the business realistically create?
In some cases, an applicant may qualify for more than one category. For example, an entrepreneur may be able to consider both an E-2 and an L-1A. The better strategy will depend on the facts, the available evidence, and the applicant’s long-term objectives.
The information above is intended to help you recognize which visa categories may be relevant to your situation. Visa Business Plans is not a law firm and does not provide legal advice. Use this information to start a conversation with a qualified immigration attorney, who can evaluate your circumstances and determine the appropriate legal strategy.
Contact us today to get startedThe information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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