US Entrepreneur (Startup) Visa: Visa Options for Starting a Business in the US
The United States does not directly apply a visa type within the start-up program, but there are visa types available, most of which fall under non-immigrant visa categories, for entrepreneurs who want to invest or establish a company in the U.S. In order to go to the U.S. as a start-up employee, it is necessary to establish a company in the U.S. and establish an employer-employee relationship with the company in question.
Can Foreign Nationals Establish a Company in the United States?
There are no restrictions on foreign ownership of a corporation formed in the United States. The procedure for a foreign citizen to form a corporation in the United States is the same as for a US resident. It is not necessary to be a US citizen or have a green card to own a corporation.
What are the US Visa Opportunities for Entrepreneurs?
Below are the types of visas that entrepreneurs in the start-up ecosystem can apply for in order to establish or expand their business in the United States.
| Visa options | Visa duration | Who can get it? |
|---|---|---|
| E2 Investor Visa | Maximum 5 years with 2 years of residence right | Individuals investing in a new start-up venture or an existing business |
| L1 Intra-Company Transfer Visa | 7 years | Persons who will open an American branch of a company outside the USA |
| H1B Skilled Worker Visa | 6 years | Professionals who will establish a company in the USA and go there as employees of this company |
| O1 Exceptional Talent Visa | 3 years | People who have achieved outstanding success in science, sports, arts or business |
| EB5 Immigrant Investor Visa | Permanent immigration status | People investing and creating jobs regionally in the US |
E2 Investor Visa
The basic concept of the E2 investor visa is that it allows you to invest money in and operate a US business. The US E2 visa is only available to people from certain countries, so your country of citizenship must have an E2 agreement with the United States.
The E2 investor visa also allows your spouse and children to benefit from US immigration benefits. With the US E2 visa, your spouse can get a work permit and your children can attend US schools.
L1 Intra-Company Transfer Visa
The L1 intra-company transfer visa is a non-immigrant visa type that allows a foreign company to transfer executives to a U.S.-affiliated company. The U.S. company must have a qualifying relationship with the foreign company (a parent/subsidiary relationship, branch office, or affiliate relationship, etc.).
H1B Skilled Worker Visa
To be eligible for the H1B skilled worker visa, you must have at least a bachelor’s degree in the profession to be performed in the United States, have a job offer, and an employee-employer relationship.
In order to apply for a US H1B visa as an entrepreneur , you must first establish a business in the US and then go to the US as an employee of this company.
O1 Exceptional Talent Visa
The O1 exceptional talent visa is issued if you have outstanding achievements in the fields of sports, science, arts and business.
There are eight criteria published by the U.S. Citizenship and Immigration Services (USCIS) for the O1 extraordinary talent visa, and you must meet at least three of these criteria to be eligible for the visa. If you meet the criteria and have a start-up idea related to your field, you can apply for the American O1 visa, which is granted for a maximum of 3 years.
EB5 Immigrant Investor Visa
The EB5 immigrant investor visa is similar to the E2 visa, with a few differences. The basic concept of the EB-5 visa is that it allows you to get green cards for yourself, your spouse, and your children under the age of 21, provided that you invest in a U.S. company and create jobs in the U.S.
Unlike the E2 visa, the EB-5 visa is in the US immigrant investor visa category and allows you to get a green card. The EB-5 visa requires a higher minimum investment amount than the E2 visa.
Frequently Asked Questions
The most frequently asked questions about establishing a company in the United States and visa procedures for entrepreneurs are answered below.
What is the U.S. International Entrepreneur Rule (IEP)?
The U.S. International Entrepreneur Rule (IEP) grants entrepreneurs the right to enter the U.S. and to operate in the U.S. through start-up opportunities. To be eligible for the U.S. International Entrepreneur Rule, one must own a significant equity interest in a significant U.S. start-up business established in the U.S. within the last 5 years, play a central and active role in the success and progress of the business, and provide a significant public benefit in the U.S. through their role as entrepreneur.
The IEP fills a gap not fully addressed by other investor visas, including the E-2 and EB-5 visas. The IEP does not require the applicant to be a national of a treaty country or to own at least half of the business, as with the E-2 visa, or to require a significant personal investment, as with the EB-5 and E-2 visas. The IEP does not require an employer-employee relationship, as with the H-1B visa, or a foreign business entity, as with the L-1 visa. The IEP is designed for entrepreneurs who do not expect to retain majority ownership and have not invested significant personal funds in the business, but who expect the venture to grow rapidly.
Do I need to have a company in Turkey for the US Entrepreneur Visa?
For the US entrepreneur visa, it is not necessary to have a company in Turkey for every visa type. While you can establish a company directly in the US with the E-2 investor visa, H-1B visa, O-1 extraordinary talent visa, EB-1 visa or EB-5 visa, a company operating outside the US for at least 1 year is required with the L-1 visa.
Can My Business Partners and Employees Come to America?
Some types of visas allow your business partners and employees to come to the US. With the E-2 visa, visas can be issued for your employees who have the same citizenship as you, while with the IEP program, 3 more entrepreneurs can benefit from a start-up together with you.
Can I Get a Green Card by Establishing a Company in the USA?
Getting a Green Card by establishing a company in the USA depends on whether the visa type is an immigrant visa or not. US immigrant visas qualify you to get a Green Card, for example, you can apply for a Green Card by establishing a company with an EB-5 visa.
Non-immigrant US visas that include dual intent can also provide a Green Card by correcting the visa type. After entering the US with L-1, O-1 and H-1B visas, you can change your visa status by changing your immigration status in America and become eligible for a Green Card.
Where Can I Get Official Information About Starting a Business in the USA?
To get official information about starting a business in the United States, you can use the Select USA Program, which was established by Barack Obama in 2011 and provides free consultancy to foreign companies by explaining the advantages of investing in the United States.
If you want to invest in the USA or expand your existing business in the USA, you can get detailed information about the necessary procedures with the SelectUSA program .