While there isn’t currently a visa exclusively for startups, aspiring entrepreneurs can apply for entrepreneur visa options, including an O-1 visa, EB-2 NIW visa, or an E-2 investor visa.
Here, we’ll go into the different options available for entrepreneurs to succeed with their business ventures in the U.S. For help with obtaining a visa or other aspects of immigration, call Cho Immigration Law at 312-853-3088 to consult with a Chicago immigration attorney.
Exploring Startup Visa Options for Entrepreneurs in Chicago
The U.S. has around 82,038 startups, the highest number in the world. Many of these businesses begin with the dream of immigrant entrepreneurs who have a vision for a successful business. At the same time, there isn’t currently a visa specifically designated for startups. Instead, entrepreneurs looking to launch a new business in the U.S. will have to take other routes.
So, what are the different U.S. visa categories available to startups? There are numerous options available for entrepreneurs to get their businesses off to a good start in the U.S., including:
The International Entrepreneur Rule (IER)
You may qualify to enter the U.S. temporarily as an entrepreneur if you meet the requirements of the IER. Under U.S. Citizenship and Immigration Services (USCIS), this rule states that startups must be organized, “lawfully conducted businesses” that develop within five years before applying.
According to USCIS, these businesses must also show that they’re likely to lead to ample job creation and growth, and applicants must be able to demonstrate that they are actively serving in a central position with the startup.
E-1 and E-2 Treaty Visas
If your country of origin is a treaty country, you may also qualify for a temporary E-1 or E-2 treaty visa. To meet the eligibility requirements for these visas, you need to own at least 50% of ownership of a company or have majority control over its operations. E-2 visas also require entrepreneurs to show how their business will be capable of supporting the individual or his or her family no more than five years after launching.
O-1 Extraordinary Visas
Another temporary option is the O-1 visa, which you may be able to apply for if you demonstrate “extraordinary ability.” Your U.S. agent or employer will need to file this petition on your behalf, showing how you possess the ability, but you may also petition through a third-party legal entity you own.
OPT/CPT Program
Students on F-1 visas could also start a business in the U.S. through the Optional Practical Training (OPT) or Curricular Practical Training (CPT) program. This program is temporary. To qualify, employers must comply with E-Verify, develop and sign a training plan, and effectively comply with the plan.
B-1 Visas
If you haven’t yet established your startup business in the U.S., you could apply for a temporary business visitor visa. Once you’ve obtained this visa, you could live and work in the U.S. to get all the resources and grounding you need to successfully launch your business. For instance, you could negotiate contracts, obtain financing, purchase or rent a workspace, or attend business meetings related to starting a business.
H-1B Visas
If you would like to own a business that’s petitioning for your H-1B visa, you may do so if you qualify for a “specialty occupation.” The main requirement here is that the petitioner must be your employer. In the process, you’ll need to show that the position you’re occupying needs someone with highly specialized expertise. Additionally, you will need at least a bachelor’s degree or an equivalent degree in that particular specialty.
L-1A
As an “intracompany transferee” looking to open a new office in the U.S., you could qualify for the temporary L-1A visa if your foreign employer has a qualifying connection to your U.S. entity. When filing, the new office must have an established physical presence and conduct business in the U.S. within a year of setup.
EB-1, EB-2. and EB-5 Visas
If you want a more permanent option as an established business owner, you may apply for one of the following:
- EB-1A Visa: This is the Employment-Based First Preference – Extraordinary Ability visa, which you may obtain if you can demonstrate national or international achievements and acclaim in your specific field. You’ll also need to prove that you plan to continue working in this field and that this work will benefit the country.
- EB-2 Visa: You could also apply for the EB-2 with National Interest Waiver (NIW) if USCIS grants a national interest waiver.
- EB-5 Visa: The Employment-Based Fifth Preference – Immigrant Investor Program could be another option if you invest a sufficient amount of legally acquired capital in a new business that will lead to the creation of a minimum of 10 jobs.
How to Navigate the U.S. Immigration Process as a Startup Founder
To successfully apply for any of the above visa types, there are key steps to take that can increase your chances of receiving approval from USCIS.
These steps entail:
Start Early
Begin the application process as early as you can to avoid issues as you get started with your business in the U.S. Otherwise, you could face headaches and various issues keeping you from progressing.
Keep All Documentation Organized
Make sure you meet all the requirements for your visa application and maintain all necessary documentation. The more organized your paperwork and applications, the smoother the application process will be. Critical documentation could include financial details about your business, including invoices and bank statements.
Hire an Attorney
Reputable immigration legal services attorneys in Chicago can help you navigate the application process and determine which path is right for you. You can also get guidance on organizing paperwork and ensure you have all the correct information on all forms.
Stay Responsive
Be open to requests from USCIS or other agencies, including Request for Evidence (RFE) forms. Wasting no time to complete the necessary steps in the application process will keep it moving along.
Register Your Company
You must make sure your company has proper registration to operate legally in the U.S.
Ensure You Have Work Authorization
While waiting for applications to go through for your startup, make sure you have proper work authorization to gain and maintain employment in the U.S.
Develop a Business Plan
If you’re applying under the IER, you will need to put into place a strong business plan and show how you will be able to fulfill the demands of that business plan.
Why Hiring an Attorney Is Essential for Securing a Startup Visa in Chicago
Whenever you plan on starting a business in Chicago, it’s important to hire an experienced attorney to help. Existing and prospective business owners face many complications when applying for any type of startup visa, and a misstep could set you back.
Attorneys could help you in the following ways:
Navigate Immigration Law
Immigration laws are often challenging to navigate, but a lawyer will know the ins and outs of applicable laws in your case. In turn, you can maintain compliance more easily and avoid legal issues that could otherwise compromise your efforts.
Managing and Completing Documents
There’s a lot of paperwork involved in many cases, which can be difficult to work with on your own. An attorney can help you obtain the right application based on your qualifications and organize all supporting documentation. You can also get updates on the status of your application.
Appealing Denials
There are multiple reasons immigration applications are denied to startups and others. In some cases, they may be valid, but in others, they could be the result of an error on the part of USCIS or another agency.
If the government wrongfully denied your application, you may be able to appeal the decision with the help of your lawyer.
Help With Other Immigration Issues
You might also wonder: What types of immigration cases do lawyers handle? An experienced and skilled attorney may be able to assist with many types of cases based on your needs, whether you need help with family-based, employment-based, or other matters.
An attorney can also help you avoid removal and deportation if you face these risks at any point.
Get in Touch With an Immigration Lawyer Today
For help launching your startup in the U.S. as an immigrant, call the experienced lawyers at Cho Immigration Law. We can help you determine which path to take to succeed with your business in a consultation, helping you navigate the entire process.
Contact us today to schedule an initial consultation with one of our lawyers.
