The US does not offer a specific entrepreneur visa, but there are several pathways for ambitious business owners to start, scale, and operate their companies Stateside.

The US is a powerhouse for innovation, investment and economic opportunity, but getting the right visa generally means proving that your business is viable, valuable and capable of contributing to the economy. Some visas demand substantial capital, while others focus on job creation or unique skills. Choosing the wrong visa, or failing to meet the criteria, can mean delays, denials or even the end of your US business aspirations.

Visa applicants also have to contend with general admissibility considerations, and deal with complexities such as past criminal records or immigration violations. While these challenges can be serious obstacles, many successful entrepreneurs have been able to overcome them with the right legal and strategic approach.

In this guide, we look at the different types of US entrepreneur visa available. We also briefly look at the application process, how long each visa will last and the importance of seeking expert advice from an immigration specialist when it comes to applying for a US entrepreneur visa.

 

Is there a US entrepreneur visa?

 

Non-US citizens are able to start up, or invest in, US-based businesses, provided they have the right visa. There is currently no official or single US entrepreneur visa or US start up visa. Instead, entrepreneurs have to select the right pathway, considering options such as the E-2 treaty investor visa, the EB-5 immigrant investor visa, or alternatives like the O-1 for extraordinary entrepreneurs or the International Entrepreneur Rule. Each comes with its own requirements, risks, and rewards.

 

US entrepreneur visa options

 

The US offers a number of visas for entrepreneurs looking to start up or invest in a US-based business. These include:

 

Visa Category	Visa Type	Description
Short-Term Visas	E-2 Visa	For investors looking to start or invest in a US-based business.
	E-1 Visa	For treaty traders engaged in substantial international trade with the US.
	O-1 Visa	For individuals with extraordinary ability or achievements in their field.
	International Entrepreneur Rule	A policy allowing certain entrepreneurs to stay in the US to grow their startup.
Permanent Residence Employment Green Cards	EB-5 Visa	For investors who invest a significant amount in a US-based business and create jobs.
	EB-1 Visa	For individuals with extraordinary ability or achievements in business, science, arts, or athletics.

 

 

Which US entrepreneur visa?

 

Each of these visa options has specific requirements and rules which you will need to understand and assess against your circumstances. This will involve consideration of your qualifications, investment capacity and long-term objectives against each route to determine the most appropriate for establishing your business in the United States.

 

E-2 Treaty Investor Visa

 

The E-2 visa allows nationals from countries with which the U.S. maintains a treaty of commerce and navigation to invest in and manage a U.S. business. To qualify, you must make a substantial investment in a bona fide enterprise, typically at least $100,000, though the amount can vary based on the business type and size. You must also own at least 50% of the enterprise or possess operational control. The E-2 visa is non-immigrant, meaning it doesn’t directly lead to permanent residency, but it can be renewed indefinitely as long as the business remains viable. Additionally, your spouse can obtain work authorization, and your children under 21 can attend U.S. schools. However, if your country doesn’t have an E-2 treaty with the U.S., this option isn’t available to you.

 

Read more about the E2 visa here >

 

 

E-1 Treaty Investor Visa

 

The E-1 visa allows nationals of a treaty country to come to the United States solely to engage in international trade on their own behalf. To be eligible, the applicant must be a national of a country with which the US maintains either a treaty of commerce and navigation or qualifying international agreement, or is otherwise deemed a qualifying country. The applicant must also be coming to the US solely to carry on trade of a substantial nature, which is international in scope, and where that trade is principally between the US and the treaty country.

There are no minimum requirements regarding the monetary value or volume of each transaction to constitute ‘substantial trade’, where this phrase generally refers to an amount of trade sufficient to ensure a continuous flow of international trade items, as between the US and the treaty country. Items of trade include goods, services, international banking, insurance, transportation, tourism and technology and its transfer. Principal trade between the United States and the treaty country will exist when over 50% of this international trade takes place exclusively between the US and the treaty country of the trader’s nationality.

One of the significant advantages of the E-1 visa is its flexibility. It allows you to reside in the US to oversee your trade operations and can be renewed indefinitely, provided the trade between the US and your home country remains substantial and all visa conditions continue to be met. This offers a long-term solution for entrepreneurs aiming to maintain and grow their business presence in the U.S.

The E-1 visa is a non-immigrant visa and does not directly lead to permanent residency (green card). If your long-term goal is to obtain a green card, you would need to explore other immigration pathways, such as the EB-5 Immigrant Investor Program or other employment-based immigrant visas.

 

Read more about the E1 visa here >

 

 

O-1 Visa for Individuals with Extraordinary Ability

 

As an alternative to the E-classification, and only for the small percentage of individuals with extraordinary ability or achievements in their specialised field, the O-1 visa will enable startup founders to live and work in the US while they grow their new business.

The O-1 visa is designed for individuals who have demonstrated extraordinary ability in fields such as business, science, arts, education, or athletics. To be eligible, you must provide evidence of sustained national or international acclaim, such as awards, publications, or memberships in prestigious organizations. The O-1 classification can be broken down into the O-1A visa, for individuals with an extraordinary ability in the sciences, education, business or athletics, and the O-1B visa, for those with an extraordinary ability in the arts or extraordinary achievement in film or television. The O-1 visa, although only for the elite few, is often a preferred option than the E-2 and EB-5 investor visas, as it doesn’t require any particular amount of capital to be invested.

However, O-1 visa is employer-specific and requires a US employer or agent to petition on your behalf. It’s initially granted for up to three years, with the possibility of one-year extensions.

Many O-1 visa holders apply for the EB-1A green card, which has similar eligibility criteria focused on extraordinary ability. To qualify, applicants must provide substantial evidence of outstanding achievements, including major awards, published work, high salaries, or recognition in their field. Unlike most employment-based green cards, EB-1A allows self-petitioning, meaning an employer is not required for sponsorship.

Some O-1 holders may also qualify for the EB-2 National Interest Waiver (NIW). This option is best suited for those whose work significantly benefits the United States. The EB-2 NIW does not require a job offer, making it an attractive option for highly skilled entrepreneurs and researchers.

 

Read more about the O-1 visa here >

 

 

EB-5 Immigrant Investor Visa

 

The EB-5 visa offers a pathway to permanent residency for foreign investors who invest in a new commercial enterprise in the U.S. The required investment is $1,050,000, or $800,000 if the business is located in a targeted employment area, such as a rural or high-unemployment area. Additionally, the investment must lead to the creation of at least 10 full-time jobs for U.S. workers. Upon approval, you, your spouse, and unmarried children under 21 receive conditional green cards valid for two years. Before the end of this period, you must demonstrate that the investment has met the job creation requirements to obtain permanent residency. The EB-5 visa is ideal if you have substantial capital and seek permanent residency in the US.

 

Read more about the EB-5 program here >

 

 

EB-1 Visa for Priority Workers

 

The EB-1 visa is an immigrant visa category for priority workers, including individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers. For entrepreneurs, the EB-1A subcategory is most relevant. To qualify, you must demonstrate extraordinary ability in your field through sustained national or international acclaim, evidenced by extensive documentation. Unlike the O-1 visa, the EB-1A allows for self-petitioning, meaning you don’t need a U.S. employer to sponsor you. Approval leads directly to permanent residency. However, the eligibility criteria are stringent, requiring evidence such as major awards, significant publications, or substantial contributions to your field. This visa is suitable if you have a remarkable record of achievement and seek to establish permanent residency in the U.S.

 

Read more about the EB-1 program here >

 

 

International Entrepreneur Rule

 

The International Entrepreneur Rule (IER) offers a unique opportunity for foreign entrepreneurs to establish and grow their startups in the United States. Implemented by the Department of Homeland Security (DHS), the IER allows eligible entrepreneurs to be granted temporary permission, known as “parole,” to live and work in the U.S. while developing their business ventures.

To qualify for the IER, an entrepreneur must demonstrate that their U.S.-based startup has the potential for rapid growth and job creation, thereby providing a significant public benefit. The startup should have been formed within the five years immediately preceding the application and must be lawfully conducting business in the U.S. The entrepreneur is required to have a substantial ownership interest, defined as at least 10% at the time of the initial application, and play a central and active role in the company’s operations. This involvement should position the entrepreneur to substantially assist the startup’s growth and success.

A critical aspect of the IER is securing substantial investment from qualified U.S. investors or obtaining significant government grants. As of October 1, 2024, the required investment amounts have been adjusted for inflation. Entrepreneurs must now demonstrate that their startup has received at least $746,571 from qualified investors or $298,629 in government awards or grants. These thresholds are subject to triennial adjustments to account for economic changes.

The application process involves filing Form I-941, Application for Entrepreneur Parole, with U.S. Citizenship and Immigration Services (USCIS). The filing fee is $1,200, accompanied by an $85 biometric services fee. Applicants must provide comprehensive evidence supporting their eligibility, including documentation of ownership, the active role in the startup, and proof of investments or grants received. USCIS has issued updated guidance on the types of evidence that may support an application, offering greater clarity and flexibility for applicants.

If granted, the initial parole period is up to 30 months, during which the entrepreneur is authorized to work exclusively for their startup. This period can be extended for an additional 30 months, provided the entrepreneur demonstrates that the startup continues to show substantial potential for rapid growth and job creation. It’s important to note that while under parole, entrepreneurs do not hold an official immigration status, and this pathway does not directly lead to permanent residency. However, during their stay, entrepreneurs may explore other visa options that could provide a more permanent solution.

 

Complex circumstances

 

Applying for a US entrepreneur visa is generally a complex process but certain challenges can make it even more difficult. As a foreign business owner serious about moving to the US, you may face complications related to issues such as past immigration history, criminal records or financial issues that could put your application at risk. In most cases, professional guidance is advised to help identify and address potential risks.

One of the most significant complications is if you have a past criminal record. The US has strict policies regarding visa applicants with criminal histories, especially those involving crimes of moral turpitude, drug offenses or fraud. If you have been convicted of a crime, your visa application could be denied. However, depending on the nature and severity of the offense, you may be able to apply for a waiver of inadmissibility using Form I-601 or I-212. Waivers are granted on a case-by-case basis, and approval depends on demonstrating rehabilitation and strong reasons for your need to enter the US, such as job creation and business investment.

Another challenge is a history of immigration violations, such as overstaying a visa, unlawful presence in the US or previous entry refusals. If you have overstayed a visa by more than 180 days but less than a year, you may face a three-year ban from reentering the US. If the overstay exceeds one year, the ban extends to ten years. Entry refusals due to misrepresentation, fraud or prior removals can also present issues. Similar to criminal issues, a waiver may be required before applying for an entrepreneur visa. Seeking legal counsel to assess eligibility for a waiver will be essential in these situations.

Investment-related issues can also complicate an entrepreneur visa application. For visas like the E-2 treaty investor visa, there is no fixed minimum investment amount, but the investment must be considered substantial relative to the business type. If the investment is too small or deemed insufficient to sustain and grow the business, the application may be denied. The funds must also be legally sourced and properly documented, which can pose a challenge if you have received funds from unconventional sources, third-party loans, or unverified transactions. For the EB-5 investor visa, the applicant must prove that the required minimum investment funds have been lawfully obtained. Any issues related to money laundering concerns, incomplete financial records or the inability to trace investment funds can result in delays or denials.

If you are planning to apply for an entrepreneur visa, previous visa denials or consular processing complications may also present difficulties. US consulates review applications carefully, and any inconsistencies or past refusals could trigger administrative processing or even lead to another denial. In such cases, having well-prepared documentation and legal representation can help address concerns and provide evidence to overcome any previous issues.

Even if your personal record is clean, business-related issues can pose a challenge. Your business plan must be realistic, detailed and convincing, showing how your venture will contribute to the US economy through job creation and growth. If your application lacks a solid business model, well-prepared financial projections, or proof of sufficient capital, immigration officials may doubt the viability of your enterprise.

Also, for visas like the O-1 visa for extraordinary ability, you must demonstrate national or international recognition, and failing to meet the high evidentiary standard can result in rejection.

Entrepreneurs facing complications such as criminal history, past immigration violations or financial issues should strongly consider working with an experienced immigration attorney. Our attorneys are highly experienced in dealing with complex applications. We can help determine whether a waiver is needed, compile the strongest possible application and ensure that all investment documentation meets US immigration requirements.

 

 

How to apply for a US entrepreneur visa

 

The process of applying for a US entrepreneur visa will depend on the visa category you are pursuing.

Treaty traders and investors must first register their business with what’s known as the E-Visa Unit. To do this, an application should be made electronically using Form DS-160, and by paying the relevant application fee and submitting a number of detailed documents in support. For an E-1 visa, this must include, for example, evidence of ownership of the treaty country business, together with proof of international trade between the United States and the treaty country. For an E-2 visa, the applicant will need to provide evidence, for example, that the US enterprise is a real and active commercial undertaking, and is one in which the treaty investor has invested, or is in the process of investing, a substantial amount of capital.

Once this review is complete, the E-Visa Unit will contact the applicant to arrange an interview date. They must attend this interview within a period of 90 days. A number of interview documents will need to be prepared in advance, including a copy of the confirmation page for the application form DS-160 and appointment confirmation page, the applicant’s passport, and a colour passport photo if one has not already been provided, to name but a few.

If the treaty trader or investor is already in the United States in a lawful nonimmigrant status, they can instead file Form I-129 to request a change of status.

For the immigrant EB-5 visa, the application process is slightly different, where the immigrant investor would need to file a petition using Form I-526, followed by either Form DS-260 to seek admission to the US from abroad, or Form I-485 to adjust their immigration status to a conditional permanent resident, for example, from an E-2 visa. If the application for an EB-5 visa is successful, the applicant will be granted conditional permanent residence for an initial two-year period. Shortly prior to the second anniversary of being in the United States as a conditional permanent resident, they will then need to petition to have the conditions on permanent residency status removed using Form I-829.

For the O-1 visa, the applicant will need to be sponsored by their own US business or company, using Form I-129. As with all other applications for a US entrepreneur visa, the petitioner must submit the required documentary evidence along with this form, including evidence of national or international acclaim, for example, proof of published material by themselves and others writing about them, or being the recipient of top prizes and awards.

For the linked EB-1 visa, the applicant will first need to file Form I-140, pay the relevant fee and provide supporting documentation, and only once this petition is approved can they then apply to become a lawful permanent resident, either through consular processing if outside the United States using Form DS-260 or by filing Form I-485 if in the US.

 

How long do US entrepreneur visas last?

 

US entrepreneur visa durations again depend on the visa, and whether the visa is immigrant or nonimmigrant classification.

For the E-1 treaty trader visa and the E-2 treaty investor visa, these will be granted for an initial period of two years. This is because these visas are temporary nonimmigrant visas. They can be extended any number of times, in increments of two years each, provided the visa-holder continues to meet all of the relevant requirements and to maintain an intention to leave the United States when their lawful immigration status expires. The O-2 visa is also a temporary work visa, although permission under this classification will be granted for an initial period of up to three years, where extensions may again be sought.

A nonimmigrant visa will not provide a route to permanent residency, and their validity is also tied to the success of the business in the case of the E-1 or E-2 visas or, in the case of the O-1 visa, continuing to be outstanding in a specialised field. This means that even though nonimmigrant visas are generally easier to get than permanent residency visas, they are not always a great option for prospective entrepreneurs who want to stay in the US long-term. This is because, under a nonimmigrant visa, the visa-holder must usually return to their native country if their business fails or they decide they no longer want to operate the US business.

In contrast, the EB-5 and EB-1 visas are immigrant visas, which means that the visa-holder is in fact the holder of the highly sought after ‘green card’, where they can live and work in the US on a permanent basis. Initially, the successful visa applicant will be granted a conditional stay, but can subsequently apply to have these conditions removed.

 

Need assistance?

 

Applying for a US entrepreneur visa can be challenging, from deciding the best option for your circumstances, to building your submission and supporting documentation. The investor visas can also carry financial risk because of the requirement for substantial upfront investment, prior to applying, with no guarantee of securing a visa to oversee the running of the business.

Our US immigration attorneys are highly experienced in advising entrepreneurs on their visa options to start up, invest and operate businesses in the US. For expert guidance, speak our specialists today.

 

Entrepreneur visa FAQs

 

What is a US entrepreneur visa

There is no single US entrepreneur visa but several visa options allow foreign entrepreneurs to start and run businesses in the US. The most common options include the E-2 visa for treaty investors, the EB-5 immigrant investor visa, the O-1 visa for individuals with extraordinary ability, and the International Entrepreneur Rule which grants temporary parole to startup founders.

 

Can I get a green card through an entrepreneur visa

Certain visas like the EB-5 immigrant investor visa and the EB-1A visa for extraordinary ability can lead directly to a green card. The E-2 visa and the International Entrepreneur Rule do not provide a direct path to permanent residency but may allow applicants to transition to an immigrant visa category if they meet the eligibility requirements.

 

What is the minimum investment required for a US entrepreneur visa

The required investment varies depending on the visa category. The E-2 visa does not have a fixed minimum investment amount but generally requires at least $100,000 or more depending on the business. The EB-5 visa requires an investment of $1,050,000 or $800,000 if the business is in a targeted employment area. The International Entrepreneur Rule does not require a direct investment but applicants must show that their startup has received significant funding from US investors or government grants.

 

Can I start a business in the US while on a visa

Certain visas allow foreign nationals to start and operate a business in the US. The E-2 visa is specifically designed for investors who own at least 50 percent of a business. The L-1 visa allows business owners to expand their existing company to the US. The O-1 visa can be used by entrepreneurs with extraordinary ability in their field to work on their own startup. The International Entrepreneur Rule provides temporary authorization for startup founders who meet eligibility criteria.

 

Can my family accompany me on a US entrepreneur visa

Most US entrepreneur visa categories allow dependents to accompany the primary visa holder. Spouses and children under 21 can typically apply for dependent visas. In some cases, such as the E-2 and L-1 visas, spouses are eligible for work authorization in the US.

 

How long can I stay in the US on an entrepreneur visa

The length of stay depends on the visa type. The E-2 visa is initially issued for up to two years but can be renewed indefinitely as long as the business remains operational. The EB-5 visa leads to a conditional green card valid for two years, after which the applicant can apply for permanent residency. The O-1 visa is granted for up to three years with one-year extensions available. The International Entrepreneur Rule provides an initial stay of up to 30 months with the possibility of a 30-month extension.

 

Can I work for another company while on an entrepreneur visa

Most entrepreneur visas are tied to the applicant’s business. The E-2 visa requires the applicant to work only for the company they invested in. The L-1 visa is restricted to employment within the US branch of the applicant’s foreign company. The O-1 visa allows work only in the applicant’s field of extraordinary ability. The International Entrepreneur Rule permits work only within the startup for which the applicant was approved.

 

What happens if my entrepreneur visa is denied

If an entrepreneur visa application is denied, the applicant may have options to appeal, reapply with stronger documentation, or consider an alternative visa category. Understanding the reasons for denial and seeking professional legal guidance can improve the chances of approval in a future application.

 

Is there a way to transition from an entrepreneur visa to US citizenship

Certain visas, such as the EB-5 and EB-1A, lead to a green card which allows applicants to apply for US citizenship after five years of permanent residency. Other visas, such as the E-2, do not provide a direct path to citizenship but visa holders may explore alternative options to transition to a green card and eventually naturalization.

 

Glossary

 

Term	Definition
US Entrepreneur Visa	A general term for various visa options available to foreign business owners who wish to start or invest in a business in the United States.
E-2 Visa	A non-immigrant visa for foreign nationals from treaty countries who invest a substantial amount in a US business and actively manage it.
EB-5 Immigrant Investor Visa	An immigrant visa that grants a green card to foreign investors who invest at least $1,050,000 or $800,000 in a targeted employment area and create at least 10 full-time US jobs.
O-1 Visa	A non-immigrant visa for individuals with extraordinary ability in fields such as business, science, or technology, allowing them to work in the US.
L-1 Visa	A visa for multinational executives or managers transferring to a US office or opening a branch, subsidiary, or affiliate of their foreign company.
International Entrepreneur Rule (IER)	A program that allows certain foreign startup founders to temporarily live and work in the US under a special parole status if their business meets investment and job creation criteria.
Targeted Employment Area (TEA)	A rural area or a location with high unemployment where EB-5 investors can qualify for a lower investment threshold of $800,000.
Investment Fund Requirements	A requirement for visas such as the E-2 and EB-5, ensuring that investment funds are lawfully sourced and used for an active business.
Substantial Investment	A requirement for the E-2 visa indicating that the investor’s financial contribution is large enough to ensure the business’s success.
Conditional Green Card	A two-year green card granted under the EB-5 program. The investor must prove job creation and sustained investment before applying for permanent residency.
Business Plan Requirement	A requirement for entrepreneur visa applications demonstrating the feasibility, profitability, and job creation potential of the proposed US business.
Form I-526	The petition filed by EB-5 investors to demonstrate that they have made a qualifying investment and are eligible for conditional residency.
Form I-829	The petition filed by EB-5 investors to remove conditions on their green card after proving that the required jobs were created and the investment was maintained.
Visa Renewal	The process of extending non-immigrant visas such as the E-2 and O-1, which requires proof that the business remains active and viable.
Dual Intent	A policy that allows holders of certain visas, like the L-1 and O-1, to apply for a green card while maintaining non-immigrant status.
Waiver of Inadmissibility	A legal request for permission to enter the US despite prior immigration violations, criminal records, or past visa denials.
Administrative Processing	A background check or additional review required for some visa applicants, which can cause delays in visa issuance.
Visa Denial	The rejection of a visa application due to ineligibility, insufficient documentation, failure to meet investment thresholds, or security concerns.
Permanent Residency	A status allowing foreign nationals to live and work indefinitely in the US, often achieved through the EB-5 or EB-1 visa categories.