Immigration options for businessmen: how to do business in the USA and even open a new business there
Every businessman who opens his own business sooner or later gains experience in order to try to enter the international market, open a branch in another country, or even move there with the enterprise. The USA is well suited for such purposes, especially if you have something to surprise their inhabitants.
Contrary to fears, moving to America as a businessman is not so difficult: there are several visas suitable for this, including those that involve obtaining a green card, and after that, American citizenship.
What kind of visas are these, who can apply for each of them, what documents you need for cases — we will tell you in more detail.
Categories of Nonimmigrant Visas Suitable for Businessmen
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В-1
a visa designed specifically for business travel. It will allow you to fly to the USA to urgently resolve a couple of business issues, if necessary, stay at the facility and return back.
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E-2
an investor visa that allows you to become both a private owner of a company in America and the main partner of the owner.
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L-1
A visa that allows an executive or key employee of a U.S. business associated with a firm in another country to work locally for extended periods of time.
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O-1
a visa for those with outstanding abilities who can come to the United States for a certain period of time to develop a project, return to their homeland.
B-1 Nonimmigrant Visa
This visa is great for those who run their own business and do not intend to receive a salary from a US employer — this is an important condition for being able to enter the United States.
The B-1 visa is definitely your option if you, as a businessman, have to attend negotiations in America or need to participate in a lawsuit in one of the states. Investors can also come via B-1 to open an American office or invest funds and document this.
Getting it is not at all difficult — you just need to cope with a few simple tasks:
- Prove that you are only going to engage in legal business activities and nothing else;
- demonstrate strong ties with your home country — permanent residence, marriage certificate, birth certificate of children;
- convince the consular representatives that you intend to come for a certain period of time and leave the United States upon completion of work.
But there are also limitations to consider:
- You can re-enter the US after completing one project if you have a B-1 extension, but there is always the possibility of being rejected. This is especially true for those who promised to leave on a specific date, but did not do so;
- spouse and children are not covered by the visa, so they cannot be transported.
How to Apply for a B-1 Visa
This visa is good because you do not need to look for an American partner or employer — you just need to pay the consular fee, fill out an application and make an appointment for an interview. Many prefer to deal with it on their own.
If you have never tried to enter the United States before by issuing an American visa, it is better to use the help of a lawyer.
E-2 Nonimmigrant Visa
The investor visa is a great option for those who are going to become the owner of a business in the United States or the main partner of the business owner. It can be used to transport a spouse and children under 21 to America and even purchase.
real estate: even when you leave the country and return to your homeland, the apartment or house will remain yours.
The E-2 visa is good because it can be extended. Among other things, its presence does not prevent you from trying to obtain a residence permit in the United States by changing your status to immigration — for example, to EB-5.
The main thing is to meet important criteria:
- be a citizen of a country with which the US allows investment on mutually beneficial terms;
- prove that your contribution to a particular business is significant — you should not buy a small unprofitable business, even intending to invest a tidy sum in it;
- demonstrate that you are wealthy enough and these investments are far from your last savings. In addition, evidence is needed that the money was earned legally;
- You must also prove that you are ready to grow your business and create jobs for American citizens.
But there are also limitations to consider:
- Only citizens of countries with which the United States maintains a trade and navigation treaty can apply for this visa;
- All the time of your stay in the country, you must fully comply with the requirements that apply to investors. If it turns out that you can’t cope with the business or you simply don’t have enough money for it, you can be expelled from America and your status canceled.
L-1 Nonimmigrant Visa
This visa is for executives or key employees of a company that has a subsidiary or parent in the United States. In other words, if you want to do business in America thanks to this visa, you need to have a branch of your company opened there.
If you are a qualified worker, without which it is hardly possible to develop an American branch at the proper level, there will be no problems with obtaining an L-1 visa: the country is highly valued by people who can positively affect its economy and make a profit.
L-1 Nonimmigrant Visa
This visa is for executives or key employees of a company that has a subsidiary or parent in the United States. In other words, if you want to do business in America thanks to this visa, you need to have a branch of your company opened there.
If you are a qualified worker, without which it is hardly possible to develop an American branch at the proper level, there will be no problems with obtaining an L-1 visa: the country is highly valued by people who can positively affect its economy and make a profit.
The requirements for the candidate are as follows:
- you hold a management position in a company located in your country, or are its key employee;
- you have worked there for at least a year;
- your workplace remains assigned to you;
- A place has already been prepared for you in a US facility.
However, the company also has certain requirements:
- both affiliates — both in the US and in another country — must be active and profitable. You cannot open a branch just for the sake of obtaining non-immigrant status — this will definitely be checked;
- each company must have at least 5 employees;
- if you want to change your status to immigration in the future, you need to provide jobs for 2-3 more Americans.
How to Apply for an L-1 Visa
First of all, the enterprise or individual must prepare a statement that the American branch needs an employee from another country. Then you need to collect a complete package of documents required for translation, and send it along with the application to the office of the Immigration Service.
If the application is approved, you go to the US consulate in your country and complete the visa petition. Sometimes you have to wait a long time for this moment, because additional documents from the company may be required.
O-1 Nonimmigrant Visa
Individuals of extraordinary ability in the sciences, culture, arts, education, business, or sports may come to the US for project work with an O-1 visa. Thanks to her, you will get the opportunity to live and work in America for three years and then stay for another year if you prove that you must complete the project.
This is a great option for those who want to develop their own business, which does not fit into the framework of what people usually mean by their business. For example, if you have an advanced degree and have developed a training course, and now you want to spend several training cycles abroad, it is worth considering O-1.
This visa has subcategories — you need to choose the appropriate one:
- О-1А — visa for persons with outstanding abilities in the field of science and education, business, sports;
- О-1В — for those who have chosen the field of art;
- О-1С — for talented people in the film and television industry.
Of course, the main difficulty in obtaining such a visa is that you need evidence of outstanding abilities. Three items from a rather large list are enough if in the future you are not going to apply for a green card and, accordingly, a residence permit, but sometimes you have to work with them.
- awards of international and national levels;
- membership in organizations where you can join only by invitation;
- participation in various competitions and conferences as a judge;
- availability of published materials about you and your achievements;
- your author’s articles related to the field of activity and published in major media;
- Evidence that you are receiving financial rewards appropriate to your level of achievement;
- confirmation that your success is recognized and approved by colleagues in the shop;
- participation in exhibitions, shows, demonstrations.
How to Apply for an O-1 Visa
First, you should collect evidence of your achievements from the above, as well as receive a letter of recommendation from a US company related to your field. In addition, you need to describe in detail the project you intend to work on and justify why it is so good for the United States and why you are in demand as a specialist to work on it.
After that, you can already submit a petition and wait for a response.
Categories of immigrant visas suitable for businessmen
Not everyone is happy with the opportunity to work in the United States for several years and return back to their homeland — such people, as a rule, immediately pay attention to visas that involve obtaining a green card, that is, a residence permit. In time, you may even become an American citizen.
There are several categories of immigrant visas that are perfect for those who want to start their own business in the United States or invest in an existing one and take it to the next level.
Categories of immigrant visas suitable for businessmen
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EВ-1
visa for people with extraordinary abilities in science, education, arts, business or sports. Suitable if you are known in your field and are going to develop a new bold project.
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ЕB-2, подкатегория NIW
for those whose move is in the interests of the United States itself. It differs from a regular work visa in that you can apply for it yourself, without a letter from the employer.
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EB-5
investor visa — for wealthy people who are ready to either invest in a business opened in the United States or establish their own company there.
EB-1 immigrant visa
This category is designed for those whose abilities go far beyond the ordinary, and, most importantly, it allows you to get a green card. However, an important nuance is that you must first select a subcategory that suits you:
- distinguished professor or researcher;
- the owner of extraordinary abilities in science, art or sports;
- international leader or manager.
Each subcategory has its own evidence of unusual abilities. Thus, the researcher must, among other things, demonstrate materials dedicated to his achievements and published in major media, the owner of abilities in the field of art must confirm participation in exhibitions. The leader or manager, of course, must work in a company that has at least once collaborated with an American firm.
The difficulty usually lies in the collection of evidence, but if you have everything on hand, there will be no problems with collecting the case.
How to Apply for an EB-1 Visa
It all depends on the selected subcategory:
— if you are applying for a visa as the owner of abilities in the arts, science or sports, you can file a petition yourself;
— the professor or researcher is obliged to wait until the petition is filed by a potential employer;
— accordingly, the head or manager to work in the United States should also be invited.
Otherwise, it all depends on what kind of case you have collected. If you are not sure that you can handle this yourself, an immigration lawyer can always help you.
EB-2 Immigrant Visa (NIW)
This visa is designed for those who may not have national awards, but definitely have talent in their field of activity. If you want to do business specifically, the NIW subcategory — National Interest Waiver is definitely suitable for you.
In this case, you do not even need to wait for a petition from the employer — you apply for a visa yourself. It is only necessary to meet three requirements that apply to all candidates:
- distinguished professor or researcher;
- the owner of extraordinary abilities in science, art or sports;
- international leader or manager.
Also, of course, you should have an advanced level diploma in your hands — but without the appropriate education, in principle, it is impossible to prove that a person is capable of developing something in the interests of the country.
How to apply for NIW
For this subcategory, it is enough to simply file a petition — on your own or with the help of a lawyer — without bothering to look for an employer. And, of course, you must have with you the full package of the above evidence.
Also, if your application is approved, you can help your spouse and children get E-21 and E-22 visas so they can come with you.
Immigrant visa EB-51
This visa is designed specifically for those who are ready to invest in an existing business in the United States or open their own. Among visas for businessmen, it is considered the most profitable, but it requires significant investments at the start.
You should not count on EB-5 without serious capital: usually at least $ 900,000 is invested in the business. In addition, it takes a long time to wait for a verdict, since visas are not issued annually — but the results are definitely worth it, so if you have large funds, it makes sense to take a chance.
There are very few requirements for the candidate, taking into account the above:
- distinguished professor or researcher;
- the owner of extraordinary abilities in science, art or sports;
- international leader or manager.
Of course, some difficulties may arise in the process of obtaining. Most often they are due to the fact that there is not enough evidence of the legitimacy of the funds or the candidate is not able to provide the entire amount right now.
In addition, a US business is only worth buying if you are truly willing to grow it, create jobs, and invest. There have been cases when someone opened a case just for the sake of a green card, and then instantly closed it and fired employees. It won’t work anyway — if your petition is approved, the immigration officer will make sure that business is booming.
How to Apply for an EB-5 Visa
It all depends on the selected subcategory:
You can file a petition yourself by attaching the collected case to it. Do not forget to invest in it all the evidence that the funds were earned legally and in the future the purchase of a business will not entail unpleasant consequences. Tax returns, bank statements, corporate documents will do.
After, if the petition is approved, you will have an interview, during which you will need to answer all the questions of the immigration officer and tell what kind of business you intend to open and how you are going to develop it.
Is it possible to do everything right on the first try and get a visa?
Of course, if you seek professional help in time. Of course, anyone can collect the necessary paperwork or choose an open business in the USA that can be bought, but the support of an immigration lawyer is a guarantee that you will definitely make the right choice and not delay the process of obtaining a visa for a few more months, or even more.
Elizaveta Samorukova is exactly the kind of lawyer you need: she and her team specialize in all areas of immigration and know exactly how to prepare for an interview and write the perfect case.
Contact us at any time — and discover a new life in the USA!