The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

However, **navigating the U.S. immigration system can be challenging**, especially for start-up investors and founders looking to establish a business in the country and intending for a Green Card. 

In this article, we will explore some of the non-immigrant and immigrant visas for business owners.
## Benefits of Permanent and Non-immigrant Visas for Start-Up Investors and Founders

Permanent and non-immigrant visas provide a pathway for Start-Up investors and founders to establish and grow their businesses in the United States. Some of the benefits of these visas include:
You gain the opportunity to live and work in the U.S., temporarily or permanently 

- You get permission to bring your family members to the U.S in case of Permanent visa (Green Card)
- The liberty to move without restrictions across national borders
- Access to U.S. government resources and services 
- You can also, after a certain period of time, apply for U.S. citizenship (if already holding a non-immigrant visa)

Now let’s thoroughly examine the distinct types of Permanent and Non- immigrant visas for startup investors and founders in the United States, including their specific requirements, benefits, and procedures for obtaining them. 


## Requirements for Permanent and Non-immigrant Visas for Start-Up Investors and Founders

As a business owner looking for a visa in the US, the **EB-5, E-2, and L-1A visas are the top picks**. They’re pretty popular choices, but they do come with their own specific requirements, the application process, and conditions to fulfill. 

Just to give you a heads-up, the following are some prerequisites that apply to both immigrant and non-immigrant visas in the US.

- The investor or founder must have a viable business plan and a significant investment in the business 
- The business must have the potential to create jobs and contribute to the U.S. economy 
- The investor or founder must have the necessary skills and experience to run the business 
- The investor or founder must have a clean criminal record and be in good health

Let’s look deeper in each of the immigrant and non-immigrant visa options available for startup investors and founders in the US. 
## Permanent Visa for Start-Up Investors and Founders

When it comes to making the best choice for a US Green Card for business owners, the US EB-5 Immigrant Investor Green Card Program tops the list. The reason? It is the most flexible and sure-shot way to acquire permanent residency. 
### EB-5 Investor Green Card

By making an investment in a brand-new American business, overseas investors can become US citizens through the EB-5 Visa, or the EB-5 Investor Green Card program. 

When you invest a minimum **$800,000 in Targeted Employment Areas** (TEA) or **$1,050,000 in non-Targeted Employment Areas**, and also create at least **10 permanent full-time positions for American citizens**, you can get qualified to apply for an EB-5 Visa as a founder or startup investor.
#### Benefits of the EB-5 Visa

EB-5 is a top choice for US green cards among startup investors and founders due to its relatively shorter waiting period (around 5 years), ability to provide children access to prestigious education, and increased national and international mobility. Additionally, the following are some of the other great benefits associated with the program.

- **Permanent Residency:** The EB-5 visa paves the way to permanent residency in the United States for the investor, their spouse, and children under 21 who aren’t married.
- **No Job Offer or Sponsor Required:** Unlike other employment-based visas, the EB-5 program does not require a job offer or a sponsor.
- **Flexibility:** Investors can choose to invest in a new commercial enterprise or a regional center, which allows for more flexibility in the investment structure.
- **Mobility:** The investor’s spouse and children can live, work, or study anywhere in the US. If you have done an investment in a  regional center, then you can move off the state of investment. In case of a direct statement, you’ll have to reside within the concerned state.
- **Education:** Public schools and universities offer in-state tuition to the children of EB-5 investors. The best thing about EB-5 green card for startup founders is that it provides the same opportunities for studies and jobs, as American citizens. Your children get the access to best institutions in the world at the tuition fee of the natives.
  
#### Requirements for the EB-5 Visa


Before moving right into the process, startup investors must understand the EB-5 requirements. The EB-5 visa requirements have multiple components that need to be carefully fulfilled. 

Among them, fund analysis is a crucial part that requires meticulous attention. Any mistakes in this can result in a green card rejection. 

**Investment Amount:** 

The investor must invest at least $1 million 50 thousand in non-Targeted Employment Area, or $800,000 in a Targeted Employment Area (TEA). As per the guidelines provided by the United States Citizenship and Immigration Services (USCIS), Targeted Employment Areas (TEA) refer to rural areas or regions with high unemployment rates that are 150% of the national average. 

It’s important for investors to diligently ensure that their program aligns with the requirements set by USCIS.

**Job Creation:**

The investment should ensure that 10 full-time positions or more are created within two years for workers based in the United States. There is also a provision for indirect or induced job creation when the investment is made through a regional center.

**Source of Funds:** 

The investor must give proof that the money was acquired legally. Lawful sources of funds for investments include stocks, bank account deposits, salaried income, and securities. 

For other sources, it’s crucial to demonstrate the original source of funds. If investing through inheritance money, investors need to ensure all relevant documents, including estate settlements of the deceased, are available. Additionally, tax returns for the past 5 years must be filed as part of the application process.

#### What is the Process for Obtaining an EB-5 Green Card

Here’s the process of obtaining an EB5 visa with your high amount of investment.

- **File the I-526 Petition:** The investor files an I-526 petition with USCIS, which includes evidence of the investment and its potential to create jobs.
- **Conditional Green Card:** The investor and their family members are granted conditional permanent status for two years if the petition is successful.
- **File the I-829 Petition:** The investor submits an I-829 petition to lift the restrictions on their permanent residency 90 days before the conditional green card expires.
- **Permanent Green Card:** If the I-829 petition is approved, the investor and their family members receive permanent residency in the United States.

The Department of State (DOS) has released its 2022 Report of the Visa Office, which indicates that 32% of EB-5 visas were reserved for investors in Targeted Employment Areas (TEAs).
 
Surprisingly these visas remained unutilized for 2022, resulting in a carry-over to FY 2023. **This means that there are higher chances of obtaining an EB-5 visa** when investing in TEAs or in infrastructure projects.
 
## Non-Immigrant Visa for Start-Up Investors and Founders

If you’re a new entrepreneur seeking new opportunities in the US but unsure about committing long-term, a non-immigrant visa for investors is a great option. 

It allows you to run a temporary business to test the waters, before making it big in the States. The **[E-2](https://www.grapelaw.com/visas/investor-and-trader-visas/e-2-visa) and [L-1A](https://www.grapelaw.com/visas/investor-and-trader-visas/l-1-a-visa) visas** are the best choices for startup founders looking for non-immigrant visas in the US. They offer flexibility and growth opportunities while navigating immigration requirements. 

Let’s look into both of these non-immigrant visas for investors in the US. 
### E-2 Visa

Foreign businesspeople who want to invest **a sizable amount of money** in a US-based company can apply for a non-immigrant E-2 visa. It is also known as a treaty investor visa.

The investment amount is not indicated but as a general speaking, around $100.000 investment could be sizable. On the other hand, depending on your type of business, even $50.000 could be enough to get an E2 visa.

This visa is intended exclusively for investors from the nations with which the United States has a commerce and navigation treaty. As of 2023, **80+ countries hold a treaty of commerce and navigation with the US.** 


With an E-2 visa, the investor and their family are able to live in the US and manage their business activities, while providing the best education and working opportunities. With unlimited reentry opportunities, the E-2 visa gives you the freedom to travel and expand your business with ease. 

#### Benefits of the E-2 Visa

As a treaty investor, the possibilities are endless with the E-2 visa program! From investing in hotels, restaurants, gas stations, or even franchises like Walmart, you can enjoy a plethora of benefits like the following. 

- Permits citizens of treaty nations to invest in and run businesses in the U.S.
- Although there is no fixed minimum investment amount necessary, the investment must be sizeable
- Enables spouses and unmarried children younger than 21 to travel and reside with the visa holder
- As long as the business entity is active and the investor satisfies the requirements, it can be continued indefinitely
- The number of **E-2 visas granted each year is not restricted** 

It’s important to note that not all E-2 visas are the same. For instance, a Canadian investor may have more flexibility and enjoy greater benefits compared to a Ukrainian investor, who may face stricter restrictions on their authorized stay period. 
It’s crucial to be aware of these nuances when considering the E-2 visa program based on your nationality. 
#### Requirements for the E-2 Visa

The requirements for the E-2 visa are much more straightforward. We’re highlighting the key requirements you need to know, including investment thresholds, business plans, and nationality qualifications. Let’s delve into the essential details of the E-2 visa requirements.

- Must be a citizen of a treaty country (list can be found on the State Department website)
- The applicant must have committed a substantial amount of capital to a U.S.-based business or must be in the process of doing so
- The applicant must be in charge of the funds that are being invested
- The business must be a real, operating commercial enterprise
- The business should be active, and a for-profit business
- The investment must generate enough income to provide a living for the investor and their family
- Must intend to depart the U.S. when the E-2 Visa expires

By meeting the requirements related to investment, business plan, and nationality, you can get success in obtaining this visa. Be thorough in understanding and fulfilling these requirements to maximize your chances of a successful E-2 US startup visa application.  
#### What is the Process for Obtaining an E-2 Visa


File a [DS-160 form](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/online-immigrant-visa-forms/ds-260-faqs.html) and pay the application fee

- Schedule an interview appointment at a U.S. embassy in your residential country
- Provide documentation of the investment and business, including a detailed business plan, financial statements, and evidence of the investor's ownership and control
- Attend the interview and provide additional information as requested by the consular officer
- If approved, the investor can enter the U.S. and begin operating their business

With an E-2 visa, you can't miss out on the opportunity to pursue your business dreams in the US. 

### L-1A Visa
 
Non-immigrant visas like the L-1A permit international businesses to move staff members to their American locations. This visa is particularly useful for founders and startup investors who want to expand their business to the United States while continuing to maintain their foreign operations.

The L-1A visa also allows for dual intent, meaning that the visa holder can apply for permanent residency while on the visa.
#### Benefits of the L-1A Visa

L-1A visa enables staff transfers, U.S. subsidiary establishment, permanent residency application, and an extended stay of up to 7 years for executives and managers. Other notable benefits include-

- Allows multinational companies to transfer their employees from foreign offices to U.S. offices
- Enables foreign companies to establish a subsidiary or branch in the U.S.
- Allows for an **extended stay in the U.S.**, up to 7 years for executives and managers, and up to 5 years for specialized knowledge employees
- Allows for the option of applying for permanent residency through the EB-1C visa

The L-1A visa offers a range of benefits, which if leveraged carefully, can enable international businesses and startup investors in expanding their operations to the US and achieving their business goals. 
#### Requirements for the L-1A Visa

To qualify for an L-1A visa, applicants must meet key requirements. The U.S. company must have a qualifying relationship with the foreign company, and the U.S.-based company must be conducting business in the United States, along with the following requirements.

- The candidate must have worked for the foreign firm for at least one year out of the previous three years.
- The applicant must have worked as an executive, manager, or possess specialized expertise.
- The U.S. company must be the foreign company’s parent, branch, affiliate, or subsidiary.
- The U.S.-based company must be doing its business in the U.S.

Meeting these requirements and understanding the intricacies of the L-1A visa process is essential for startup investors and founders seeking to transfer employees, establish U.S. subsidiaries or branches, and take advantage of the benefits of this L-1A visa category.    
#### What is the Process for Obtaining the L-1A Visa

In just a few steps, you can navigate the process of obtaining the L-1A visa as a startup investor in the US that’ll provide you with unique benefits like dual intent and extended stay options. 
Follow the steps below to file for an L-1A visa. 

- The U.S. company files a Form I-129 petition with USCIS.
- The petition includes evidence of the qualifying relationship between the U.S. and foreign companies, as well as evidence of the applicant's employment history and qualifications.
- Once the petition is approved, the applicant can apply for an L-1A visa at a U.S. consulate or embassy abroad.
- The applicant must attend an interview and provide evidence of their qualifications and ties to their home country.
- After the approval of the application, the applicant is issued with an L-1A Visa that allows them to work in the US for a specified amount of time.

Navigating the process of obtaining an L-1A visa is essential. Understanding and following the process diligently, including preparing thorough documentation and meeting deadlines is crucial for a successful L-1A visa application and business expansion to the U.S. 
## Why Start-Up Investors and Founders Should Avail Green Cards

	
Green Cards (Permanent visas) provide long-term stability and security for your business in the U.S. They provide an opportunity to expand your business and establish yourself in the U.S. market.

Permanent residency allows you to enjoy all the benefits of living in the U.S., such as access to healthcare, education, and a higher quality of life.

As a start-up investor or founder, **obtaining a permanent or non-immigrant visa in the U.S. can be a crucial step towards achieving long-term success.** The EB-5, E-2, and L-1 visas are all viable options, each with its own benefits and requirements. 

Understanding the many alternatives accessible allows you to make an informed decision and take the required measures to expand your business and attain permanent status in the United States. 

Achieve your immigration dreams to America with our cutting-edge, caring, and client-centric legal services. Contact us today for personalized and innovative immigration solutions.  


The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

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Permanent and Non-Immigrant Visa for Entrepreneurs in the U.S.

People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country.  

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S.   

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business.  

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:**   

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders.  
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital.  
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone.  
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

 ![](/uploads/e2_vs_eb5_infographic_82c8f025d8.png) 

 

## Eligibility for Application
  
E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option.  
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html).  
 
## The Minimum Investment Amount

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business.   

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million.   

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

## Employment Creation in the U.S.

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits.   

## The Validity Duration

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term.  
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take.   
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.    
  

  
   
 

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

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E-2 and EB-5 - Key Differences

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. **The LIKE Act**, which stands for <span style="color: #FF504B;">“Let Immigrants Kickstart Employment”</span>, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

In a speech addressing the congress Congresswoman Lofgren said:

“For the world’s best and brightest innovators seeking a home for their companies, America used to be the top destination. Sadly, that has changed. Today, the technology sector in Canada is growing at a faster pace than it is in America, and it is almost entirely because of restrictive U.S. immigration policies that do not benefit our economic interests. Congress can change that. We can make the United States more prosperous by passing bills like the LIKE Act that stimulate the economy, curb brain drain, create jobs for American workers, and restore our country’s standing as the number one choice for the next generation of entrepreneurs worldwide.”

Start-up companies were shown to contribute significantly to the U.S. economy and provide employment for millions of American citizens every year. Compared to mature companies, **start-ups reach employment numbers four times higher than mature companies (11 years old or older)**, and they are the sole source for new employment in the U.S. over the last couple of decades.

**The new proposed start-up nonimmigrant visa**, **“W”**, aspires to foster the transfer of creative and innovative brains from other countries with ease and upgrade the outdated U.S. immigration policies that block the country’s economic growth and technological progress.

To qualify for the planned three-year W visa, an applicant must:

- Possess an ownership interest in a start-up venture that has sufficient investments or received government grants & awards.
- Be in an essential and ongoing position in the management or operations of the venture.
- Have the necessary know-how to considerably contribute to the growth and success of the venture.

If confirmed, the W visa **will be extended after the initial three-year period**. The Bill proposes up to five years of extension for prospect visa holders. And for this, the prospect visa-holders must meet certain growth-related benchmarks, such as job creation and revenue generation.

The Start-Up Bill states that if a start-up venture meets certain additional benchmarks that demonstrate the founder has proven series of business development successes, then **he or she will be considered for green card status if they apply**. The LIKE Act also allows start-up initiatives to petition for workers in executive or managerial positions as well as their close relatives (spouse and children) to receive nonimmigrant visas.

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. The LIKE Act, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

The New Start-Up Visa Bill Introduced in the Congress

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The New Start-Up Visa Bill Introduced In the Congress Envisages Bolstering the US Economy

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. **Here in this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future**.  

## Sole Proprietorship
 
As the name suggests, Sole Proprietorships or DBA’s (Doing Business As) refers to a business structure in which you are the sole owner of your company. This means that your company is you, which makes you the only person liable for the business entity at hand. Furthermore, you are being personally liable for your company subjects you to pass-through taxation with which your business income or loss is added to your tax returns. And this merger of person and corporation appoints you as the guarantee for potential company debt that consequentially may jeopardize your possessions and savings in a likely lawsuit.     
 
## Partnership/ General Partnership

Partnership business structure is almost identical to Sole Proprietorship with one, but major difference. With this corporate type, multiple owners invest in the business either through money, property, labor, or skill. People taking part in a certain partnership have distributed the profits and losses of the company in accordance with their shares of the business.  

Moreover, partnerships are bound to file an annual report detailing their income, gains, deductions, losses, etc., resulting from their operations. However, this does not require partnerships to pay income taxes as business entities. Like Sole Proprietorship, they are subjected to pass-through taxation that mandates not the company, but shareholders to report their income-gained or loss-given (calculated accordingly to their shares on the partnership) on separate, individual tax returns.  

## C Corporation
 
As the oldest business structure in the US, C or Regular Corporation – unlike Sole Proprietorships- is defined as a separate company entity that shields shareholders from the personal liability of business operations. This protection is since C Corporations are not to be owned as business organizations, but as ‘stocks’ that are bought and sold in-between numerous investors.  

The distinction between companies and shareholders, on the other hand, results in a double tax that obliges C Corporations and their shareholders to be taxed separately. Firstly, profits gained from business operations are taxed to corporate, followed by the taxation of shareholders through distributed dividends, derived from the profit. However, additional tax cost dictated to C Corporations is avoidable via another business structure, called S Corporation, that spurs many investors to change their company types from C to S.  

## S Corporation


Preferable for most starter small companies, S corporation, like Sole Proprietorship and Partnership, allows businesses to pass through the profit directly to shareholders. This enables corporations to avoid double taxation, thus reducing the additional cost of company income tax. However, the formation of S Corporations is comparatively tight regulated as it outlines various rules such as,  

- Your corporation must be a domestic one.  
- Partnerships, corporations, and non-resident shareholders are not allowed.  
- You cannot have more than 100 shareholders.  
- Stocks owned by shareholders can only be one type.  
- Financial organizations, i.e., banks, insurance companies, and domestic international sales corporations are considered ineligible.  

## Limited Liability Corporation (LLC)


As being the newest amongst the 5 most common business structures, LLC offers flexibility and more space for businesses to operate. Bringing together the personal liability exception of a company (C or S) with pass-through taxation, LLC protects you from indulging in potential business debts as well as spending the added cost of double tax.  

Furthermore, there are far fewer restrictions about ownership, allowing single or multiple members (LLC owners are called members, not sole owners, or shareholders) ranging from corporations to other LLCs, and foreign nationals to institutions to own businesses. Several exceptions for ownership include business types such as banks and insurance companies.  

Lastly, IRS will categorize your LLC as a corporation, partnership, or as a disregarded entity (meaning an entity that is not separated from its owner, i.e., Sole Proprietorships) depending on the number of your members and on elections made by the LLC, providing you with the opportunity of multiple business structures as you complete the way your tax returns are declared.  

**For further, state-specific regulations on business structures and taxation, follow this [link](https://www.irs.gov/businesses/small-businesses-self-employed/state-government-websites). And please regularly visit our blog for more comprehensive writings on business structures of which the next will be on LLCs.**

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. In this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future.  

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Starting Your Business in the US

Establishing a start-up initiative in the U.S. or expanding financial ventures there is a common business practice among investors and innovators. The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. The U.S. economy also benefits from the influx of these ideas and capital, and therefore the U.S. provides investors and innovators with various temporary and permanent visas to come to America and be part of the financial success of the country.  

Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

## Temporary Visas for Start-up Investors

- O-1A 
- E-1 
- E-2 
- L-1A and L-1B
- International Entrepreneur Parole 

### O-1A Extraordinary Abilities Visa

O-1 visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields such as sciences, education, business, or athletics. To be eligible for O-1A, you must be a person of either nationally or internationally acclaimed ability in science, education, business, or athletics. Internationally recognized awards such as Nobel, Pulitzer, Tony, etc. can be presented as proof of your ability. If you do not have such an award, you can still be eligible for O-1A given that you meet at least 3 of the criteria set by USCIS. To learn more about the visa, please read our O-1A writing.  

###  E-1 Treaty Trader Visa
 
E-1, or Treaty Trader visa is a type of non-immigrant employment visa available to nationals whose countries hold a trade treaty with the United States. Businesspersons who seek to engage in substantial trade or participate in an enterprise that engages in trade with the U.S. can choose to apply for an E-1 visa. You also need to continue to conduct trade mainly between the U.S. and your home country and produce significantly more income than only afford you and your family. To learn more about the visa, please read our E-1 writing. 

### E-2 Treaty Investor Visa
 
E-2 is another type of nonimmigrant employment visa offered to treaty countries’ nationals who invest individually, or treaty countries’ nationals who are part of investing companies and partnerships. Eligible applicants can be owners, directors, or skilled executive workers. E-2 visa eligibility requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. If the applicant applies for E-2 with a corporate entity, s/he must own at least half of the business. To learn more about the visa, please read our detailed E-2 writing.  

### L-1A Visa
 
L-1A, which is a sub-category of L-1 visa, is a type of nonimmigrant employment visa that allows either a U.S. employer to employ an executive or manager from one of its foreign offices, or a foreign company to send an executive or manager to start business operations in the U.S. L-1A Visa is particularly preferable by many start-up investors seeking to expand to the United States. To be eligible for L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. Furthermore, if you are an individual who is coming to the U.S. to establish a U.S. branch, your one-year employment within the last 3 years must be in either executive or managerial position. To learn more about the visa, please read our L-1A writing. 

### L-1B Intracompany Transferee Specialized Knowledge Visa

L-1B is another nonimmigrant employment visa which is the second and last sub-category of L-1. It is issued to specialized knowledge individuals sponsored by U.S. employers to be transferred from companies’ foreign offices to the U.S. offices to live and work in the United States. L-1B Visa also allows a foreign company to transfer one of its specialized knowledge employees to the U.S. to establish a U.S. branch of the company. To be eligible for L-1B, same as L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. 

### International Entrepreneur Parole
 
International Entrepreneur Parole (IEP), or International Entrepreneur Rule (IER), is a special immigration program designed for start-up individuals. It differs from the above-listed visas in that it is available ‘only’ to start-up founders and investors, and therefore can be considered the closest thing to a start-up visa. On the other hand; IEP is not a visa per se, but a unique “permission of stay” or “parole” to conduct and grow start-up businesses. To be eligible for IEP, your business venture must produce a significant public benefit and you must “**merit a favorable exercise of discretion**”

## What Grape Law Offers?

The U.S. is the “go-to” destination for many start-up investors and founders who are in pursuit of business growth and success. As the center of world capital, investment, innovation, and new technology production, The U.S. offers the best financial environment and networking hubs for start-up enthusiasts to achieve their bold and ambitious career goals. Furthermore, as we explained, the U.S. makes it easy for aspiring start-up individuals to emigrate to the country with a diverse set of visa and parole options.  

In that regard, as a group of cutting-edge attorneys who are investors and innovators, we have the first-hand start-up experience, success insights, and legal expertise to help your venture to become “American” as well as an influencing and long-lasting brand. To begin to actualize your dreams with us, you can always [schedule a meeting here](https://calendly.com/grapelaw)! 

**Stay tuned for the second leg of this writing series which will cover the permanent visa options for start-up investors and innovators!**  

 

The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

Temporary Visa Options for Start-Up Investors and Founders

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Temporary Visa Options for Start-Up Investors and Founders in the US

Start-Up

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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Deneyimli avukat ekibimizin rehberliği hukuki ihtiyaçlarınız boyunca hizmetinizde. HAKKIMIZDA ÇALIŞMA ALANLARI Göçmenlik Hukuku Firmamızla; ticari göç, istihdam göçü, aile ve öğrenci göçü vb. birçok göçmenlik hukuku alanlarındaki uzmanlığımızı kullanarak farklı göçmenlik motivasyonlarına sahip müvekkillere hizmet etmeyi hedefliyoruz. Detaylar Ticaret Hukuku Sürekli değişmekte olan ticaret şartları ve yönetimi uzmanlığımızı, nihai sonuca ulaşmayı hedefleyen titiz müvekkil hizmetimizle

Start-Up

Categories

Starting Your Business in the US