How to Get an Entrepreneur Visa to Start a Business in the U.S.

Alberto Salinas No Comments E2 visa lawyer

For many global entrepreneurs, starting a company in the United States is a dream. With its huge market, innovation culture, and resources, the U.S. provides many opportunities for businesses to flourish. But one of the initial obstacles for a foreign entrepreneur is obtaining the proper visa. If you want to start a business in the United States, the E-2 Visa is one of the easiest and most attractive ways to enter the country.

In this guide, we will discuss how to get an entrepreneur visa to start a business in the U.S., including things you need to know about the E-2 Visa, the benefits, eligibility requirements, and how to successfully apply.

What Is an E-2 Visa?

The Non-Immigrant E-2 Treaty Investor Visa permits individuals to come to the U.S. as investors to work in a business in which the visa holder has invested. For entrepreneurs who wish to live and run a business in the United States, this visa is perfect.

Who Qualifies for an E-2 Visa?

To qualify for an E-2 Visa, the candidate needs to:

  • Be a citizen of a nation that has a treaty with the United States for commerce and navigation.
  • Make a substantial investment in a bona fide U.S. business.
  • Be entering the U.S. to develop and direct the business.

A "substantial" investment is sufficient to ensure the viability of the firm. There is no official minimum, but most investments begin at eighty thousand dollars or higher.

E-2 Visa Requirements for Entrepreneurs

The following requirements must be fulfilled to be eligible for an E-2 Visa:

  1. Treaty Country Nationality

You must belong to a country with which the US has an E-2 treaty. The UK, Canada, Japan, Germany, and Australia are a few of the nations that are frequently used. So, for example, citizens of countries like India or China do not qualify, unless they have a passport from a treaty country.

2. Substantial Investment

A substantial sum of money must be invested in a U.S. business for an entrepreneur visa. The investment must be adequate to guarantee the business's successful functioning.

3. Real and Operating Business

The business must be in active operation as a for-profit entity producing goods or services that are sold to consumers. This provision does not apply to passive investments, such as owning undeveloped land or stocks.

4. At-Risk Investment

The money has to be “at-risk,” which is to say you must be at risk of losing the funds in whole or in part if the business fails. Depositing cash into a business bank account doesn't satisfy this.

5. Intent to Depart

As a non-immigrant visa, there is no direct avenue to a green card with the E-2. As a result, candidates must demonstrate that they intend to return home after the visa period is up.

Benefits of the E-2 Visa for Entrepreneurs

The E-2 Visa is a great option for aspiring business owners due to its many benefits, some of which include the following:

  • Quick processing times compared to other visa categories.
  • The investor may be accompanied by spouses and children under the age of 21.
  • Spouses can apply for work authorization.
  • Unlimited extensions are provided if the company stays open and complies with E-2 regulations.
  • No set minimum investment, allowing flexibility based on the nature of the business.

What Kind of Business Qualifies?

Virtually any legitimate, active business can qualify for an entrepreneur visa. Common examples include:

  • Restaurants
  • Tech startups
  • Franchises
  • Consulting firms
  • Retail stores
  • Online businesses with U.S.-based operations

Your business must show potential for growth, employment creation, and profitability.

Steps to Apply for an E-2 Visa

Here’s a step-by-step breakdown of how to apply for an E-2 entrepreneur visa:

Step 1: Determine Eligibility

Check to see if your country has an E-2 treaty with the U.S. and you meet the basic investment and operation standards.

Step 2: Develop a Business Plan

An adequate business plan is essential as part of the application. It needs to describe your investment, marketing plans, financial projections, employment plans, and how you will be organized.

Step 3: Register a U.S. Business

Create a legal business entity in the U.S. (like an LLC or corporation), get an EIN, and open a U.S. business bank account.

Step 4: Make the Investment

Transfer the investment capital to the company’s US business bank account and start spending on genuine startup expenses (equipment, office space, inventory, licenses, etc).

Step 5: Gather Documentation

Prepare all required documents, including:

  • Passport and ID
  • Proof of treaty country nationality
  • Evidence of investment
  • Source of funds
  • Business plan
  • Lease agreements and contracts
  • Resume and cover letter

Step 6: Submit Your E-2 Visa Application

Depending on where you are right now, you can apply using:

  • Consular Processing (from your home country), or
  • Status Change (if you are already in the U.S. on another visa type)

Step 7: Attend Visa Interview

If you apply through a U.S. consulate, you’ll need to sit for an interview. Expect to answer questions about your investment, your business, and your plans in the U.S.

Alternatives to the E-2 Visa

While the E-2 Visa is ideal for many entrepreneurs, it may not be suitable for everyone. Here are a few other options:

  • EB-5 Visa: Requires a minimum investment of a few thousand dollars and leads to a green card.
  • L-1 Visa: For entrepreneurs expanding their foreign business into the U.S.
  • O-1 Visa: For individuals with extraordinary ability or achievements.
  • International Entrepreneur Parole (IEP): Temporary stay based on potential for rapid business growth and job creation.

Can an E-2 Visa Lead to a Green Card?

As a non-immigrant visa, the E-2 does not immediately result in permanent residence. However, many entrepreneurs eventually transition to green cards through other means, such as:

  • Marriage to a U.S. citizen
  • Employer sponsorship
  • EB-5 investment
  • EB-1 or EB-2 visa categories (based on qualifications)

Conclusion

The entrepreneur visa is a great, efficient means for foreign entrepreneurs to establish and run a business in the United States. With relatively low investment requirements and opportunities to bring family members, this is an attractive option for many would-be entrepreneurs.

However, the process is highly nuanced and requires careful planning, legal compliance, and a strong business foundation. To maximize your chances of success, it’s essential to consult with an experienced immigration attorney.

Need Help with Your E-2 Visa Application?

Salinas Law Firm specializes in helping entrepreneurs secure the right visa to launch their American dream. Whether you’re just starting to research or you’re ready to file your E-2 visa application, our team is here to assist you from the beginning to the end.

Contact Salinas Law Firm today to schedule a consultation and take the first step toward building your business in the U.S. with an entrepreneur visa.