There are several types of visas in the United States for starting a business. Each visa type has its own set of requirements and processes, so it’s important to carefully consider which one aligns best with your business goals and personal circumstances.
What is Visa
A visa is an official document that allows you to enter, stay in, or leave a country for a specific period and purpose. It is typically stamped or attached to your passport by the issuing country’s embassy or consulate12. Here are more details about different types of visas:
- Tourist Visas: These are for individuals who wish to travel for leisure, sightseeing, or visiting friends and family. They are usually short-term and do not permit the holder to engage in any business activities12.
- Student Visas: Issued to individuals who have been accepted into an educational institution in a foreign country. These visas often come with restrictions on employment and require proof of enrollment and financial support12.
- Work Visas: These are for individuals who have been offered employment in a foreign country. The requirements and duration of these visas vary depending on the job and the country’s regulations12.
- Transit Visas: For travelers passing through a country on their way to another destination. These are usually short-term and have strict conditions on the duration of stay12.
- Immigrant Visas: For individuals who intend to live permanently in a foreign country. These visas often require sponsorship by a family member or employer and involve a more complex application process12.
- Business Visas: For individuals traveling for business purposes, such as attending meetings, conferences, or negotiating contracts. These visas do not typically allow for long-term employment in the host country12.
- Electronic Visas (e-Visas): These are digital visas that are applied for and issued online. They are often used for short-term stays and are linked electronically to the traveler’s passport3.
Each country has its own specific requirements and processes for issuing visas, so it’s important to check the guidelines of the destination country before applying12.
Types of Visa
1. E-2 Treaty Investor Visa
- Eligibility: Available to citizens of countries with which the U.S. has a treaty of commerce and navigation.
- Investment: Requires a substantial investment in a U.S. business. There is no minimum amount specified, but it should be sufficient to ensure the successful operation of the enterprise.
- Ownership: You must own at least 50% of the business or have operational control.
- Duration: Initially granted for up to two years, with unlimited extensions as long as the business is operational and meets the visa requirements.
2. L-1 Intracompany Transferee Visa
- Eligibility: For employees of an international company being transferred to a U.S. branch, subsidiary, or affiliate.
- Positions: Applicable to executives, managers, and employees with specialized knowledge.
- Duration: L-1A (executives and managers) is granted for up to seven years; L-1B (specialized knowledge employees) is granted for up to five years.
- Requirements: The employee must have worked for the company outside the U.S. for at least one continuous year within the three years preceding the application.
3. EB-5 Immigrant Investor Visa
- Investment: Requires an investment of $1,000,000 in a new commercial enterprise, or $500,000 if the investment is in a targeted employment area (high unemployment or rural area).
- Job Creation: The investment must create at least ten full-time jobs for U.S. workers.
- Permanent Residency: This visa leads to a green card, allowing permanent residency in the U.S.
- Duration: Conditional green card for two years, after which you can apply for permanent residency if the investment and job creation criteria are met.
4. O-1 Visa
- Eligibility: For individuals with extraordinary ability in their field, such as business, science, arts, education, or athletics.
- Evidence: Requires evidence of sustained national or international acclaim and recognition in your field.
- Duration: Initially granted for up to three years, with extensions in one-year increments.
5. International Entrepreneur Rule (IER)
- Eligibility: For entrepreneurs who have a significant ownership interest in a startup and have been actively involved in its operations.
- Investment: The startup must have received significant investment from qualified U.S. investors or government grants.
- Potential: The startup should have substantial potential for rapid growth and job creation.
- Duration: Allows for an initial stay of up to 30 months, with the possibility of an extension for an additional 30 months.
6. Optional Practical Training (OPT)
- This program allows graduates to work in their field of study for up to 12 months. STEM graduates can apply for an additional 24 months of OPT, for a total of 36 months.
7. Green Card Lottery
The Diversity Visa (DV) Program, also known as the Green Card Lottery, is an annual program that provides immigrant visas to individuals from countries with low rates of immigration to the United States. To be eligible, you must be a native of an eligible country and have at least a high school education or its equivalent, or two years of work experience in a qualifying occupation. For DV-2026, the entry period is from October 2, 2024, to November 5, 2024, and entries must be submitted electronically through the official DV Program website. Your photo must meet specific requirements to avoid disqualification. Winners are selected randomly by a computer drawing, and you can check your status online starting in May 2025. If selected, you will need to complete additional forms and attend an interview at a U.S. embassy or consulate. If approved, you will receive an immigrant visa, allowing you to live and work permanently in the U.S. For more information and to apply, visit the official DV Program website.
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