Owners of technology startups in the US have access to not one, but eight different visas. Four of them don’t grant permanent status but allow you to work legally and test your business. The other four lead to a green card and citizenship.
Non-immigrant visas: first steps
If you’re just starting your move to the US, consider visas that don’t grant permanent status but let you work legally and figure out whether life in the country suits you.
O1A is a visa for talented individuals. It’s issued for 3 years if you have awards, publications, or hackathon wins tied to your project. It doesn’t grant a green card, but it lets you relocate and develop your startup in the US, even if the company is already registered there while you’re not yet living in the country.
L1 works if you already have a functioning business outside the US and have worked in it for at least three years. The visa lets you open a branch in the US and transfer yourself as the primary manager. It’s also a non-immigrant visa that lets you test your startup on the American market.
E2 is an investor visa, but it’s only available to citizens of countries that have a treaty with the US. This includes Israel, Ukraine, Kazakhstan, and other countries on the list. You need to invest a substantial amount: at least $60,000–$100,000 depending on the type of business. The investment must be relevant — for example, $60,000 makes sense for a tech startup, but not for a hotel chain.
H1B is a work visa for specialists, but you need to get it through a lottery. This makes the process harder than the three previous options.
Immigrant visas: the path to permanence
If you’re ready for a permanent move, choose from four categories that lead to a green card.
EB1A is a green card for talented individuals. You need to meet at least three out of ten criteria: this could be a salary above the average for your field, awards, publications, and other markers of achievement. After getting EB1A, you can later apply for citizenship.
EB5 is an investor green card. The entry threshold is high: you need to invest nearly a million dollars in a business, and in some US regions the amount can be higher. It also leads to a green card and the possibility of citizenship, but the difference from EB1A is obvious: the investments are enormous.
NIW (USCIS Immigration Innovation) is a visa for IT specialists and startup owners working in STEM fields. The project must align with US national interests. The visa leads to a green card and the possibility of citizenship.
International Entrepreneur Rule isn’t exactly a visa status — it’s more of a program for startup founders who received investment from American funds. It allows you to live in the US, but the path to it is harder and requires American funding.
How to choose the right option
The choice depends on your current situation. If you’re not yet qualified enough for a green card, start with a non-immigrant visa that lets you develop your business. For example, start with O1A, then move to EB1A once you’ve accumulated more achievements.
Consider different combinations. Maybe L1 is enough to test the market before you move to permanent status. Or E2 could help you invest in your American business and gain practical experience before applying for EB1A.
Either way, it’s best to start with a consultation with a specialist who can help you choose the optimal path for your particular case and startup.
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