US Startup Visa: Founders Guide to Entrepreneur Visa in USA

Silicon Valley has put the US on the map for global entrepreneurship. With business and innovation-friendly policies, a prominent startup network and access to funding, the US is a popular destination for founders. However, founders who live abroad may find it challenging to start a company without already residing in the country. Read on to learn about US startup visas, options like the EB-5 Immigrant Investor Program and the E-2 visa and what to expect when emigrating on a startup visa.

What is the US Startup Visa?

The US Startup Visa allows foreign nationals to set up and operate a startup enterprise in the US. The US offers two types of investment visas: the E-2 visa and the EB-5 Investment visa. These visas allow startup entrepreneurs to establish a business in the US, but with significant differences.

The E-2 visa is a non-immigrant treaty investor visa, implying that it is available to investors who are nationals of a country that has signed the relevant treaty with the US. For instance, countries like India do not have a signed treaty with the US, so Indian passport holders are ineligible to apply for the E-2 visa. However, foreign citizens with a valid passport issued by a nation with a signed treaty with the US can apply for an E-2 visa. Here is the complete list of treaty countries.¹

Those eligible for the E-2 Visa can also consider applying for the EB-5 Immigrant Investor Visa. The US Government introduced the EB-5 Immigrant Investor Program in 1990, enabling eligible entrepreneurs to invest in a qualifying EB-5 project. The EB-5 is an immigrant visa that allows qualified entrepreneurs to invest in the US, get a green card, and become US citizens.²

Benefits of the US Startup Visa for Entrepreneurs

A US startup visa can help entrepreneurs break into the country’s business ecosystem and simultaneously start the process of building a life in America. The right visa can also help provide long-term residency in the country. For instance, the pathway offered by an EB-5 immigrant investor program also provides a direct route to a permanent US Green Card.

Benefits of the EB-5 Visa

Here are the benefits of the EB-5 Immigrant Investor Visa.³

• Business-friendly US ecosystem - The US ecosystem offers one of the best business environments in the world. You can benefit from the latest innovative technology, attractive taxation policies and access to the global markets. The EB-5 visa allows the investor to work anywhere in the US without restriction. This program helps stimulate the US economy through capital investment and job creation. In contrast, the E-2 visa requires you to work for E-2 businesses alone.
• Path to Residency - The normal US Green Card process can take years to get through. On the other hand, the EB-5 visa offers a quick path to permanent residency and US citizenship. This visa grants a two-year conditional resident status with the same benefits as permanent residents. Completing the EB-5 program for five years makes you eligible to apply for US citizenship. The E-2 visa generally lasts for an initial two years, after which it is renewable.
• Immigrate with family - The EB-5 visa allows the investor’s family to immigrate with the investor to the US. The investor's spouse and unmarried children below 21 can obtain green cards simultaneously with the primary applicant.
• No visa sponsorship requirement - You don’t need to search for an American sponsor or employer for an EB-5 visa.
• Education benefits - Your children can enjoy the privileges like scholarships, grants, and in-state tuition fees available to US citizens.
• Travel benefits - EB-5 visa holders can travel in and out of the US. However, there are restrictions on the period an EB-5 conditional resident can spend abroad.
• Healthcare Access - EB-5 investors can access high-quality healthcare, insurance and treatment in US clinics available to US citizens.

Benefits of the E-2 Visa

Applying for the E-2 visa has the following benefits.⁴

• Business flexibility - Unlike other visa classifications, the E-2 Visa allows treaty investors to invest and operate in an extensive range of E-2 businesses spread over multiple categories.
• Family immigration - The E-2 Visa allows you to bring your spouses and unmarried children under 21 years old to the US. They can work and attend schools in the US.
• No required investment - While investment is essential in an E-2 business, there is no specific ceiling. The investment must be substantial to cover all expenses, which can differ depending on the location and the industry.
• Quicker processing - Compared to other visa types, the E-2 visa processing time is quicker. Usually, you get a decision within weeks or a couple of months.
• Easy renewal and extension - The benefit of the E-2 visa is that you can renew your visas indefinitely if they satisfy the program’s requirements.
• Pathway to residency - While the E-2 is a non-immigrant visa, it offers a pathway to a green card if you satisfy specific criteria.

Requirements for a US Startup Visa

EB-5 Immigrant Investor Visa applicants must satisfy the following conditions for a global entrepreneur.⁵

• Invest in a new commercial enterprise - All EB-5 visa applicants must invest in a new business enterprise..
• Category of new commercial enterprise - A new commercial enterprise can be a sole proprietorship concern, a partnership, a holding company and its subsidiaries, a joint venture, a corporation, a business trust, an LLC, or any other publicly or privately owned entity.
• Minimum Investment - The minimum investment eligible for the EB-5 visa is $800,000 USD for business projects located in targeted employment areas and $1,050,000 USD for non-targeted employment projects. In contrast, the E-2 visa requires an investment of $250,000 USD to $300,000 USD.
• Job Creation - The primary objective of the EB-5 Immigrant Investor Program is to stimulate the US economy and create jobs for US workers. All EB-5 investments must ensure the creation of a minimum of 10 jobs for at least two continuous years. Otherwise, you might become ineligible for a permanent US Green Card. The E-2 visa requires you to provide jobs for at least two US workers.

Here are the expenses you'll incur when applying for the EB-5 Immigrant Investor Visa.⁶

In addition, you incur fees for the following activities.

• Administrative fee depending on the Regional Center
• Immigration lawyer services
• DS260 fees
• Expenses on document translation
• Expenses on collecting police certificates, original birth, and marriage certificates
• Medical expenses for the Green Card application
• Travel expenses for the interview

Requirements for the E-2 Visa

The E-2 treaty investor must satisfy these general conditions to qualify for an E-2 Classification:⁷

• Be a national of a country that maintains a treaty of commerce and navigation with the US.
• Invest substantial capital in a registered business enterprise in the US.
• Show evidence of at least 50% ownership of the enterprise.
• You intend to enter the US solely to develop and direct the investment.

Application process for US Startup Visa

EB-5 Immigrant Investment Visa

The EB-5 Immigrant Investment Visa application process has three steps. They are filing the I-526, DS-260, and I-829 petitions.⁸

• File the I-526 or I-526E petition - Filing the I-526 or I-526E petition to the USCIS provides critical information about you, the investment, and your new commercial enterprise. Standalone investors should file the I-526 petition, while those applying through the EB-5 Regional Center Program must file the I-526E. You get a conditional US Green Card after the USCIS approves the initial application.
• Status Adjustment - If you legally reside in the US under a different status, you can file Form I-485 simultaneously with your I-526 or I-526E petition to adjust your visa status. It reduces your wait times and enables you to obtain a travel permit and EAD (Employment Authorization Document).
• Consular Processing - After receiving the approval of I-526 or I-526E, you must file Form DS-260 at the US Consulate in your country. This process involves providing biographical information, employment history, information on previous places of residence, and military record service (if any). You must also attend the interview at the US Consulate. You can travel and reside in the US with a conditional Green Card.
• File the I-829 petition - Filing the I-829 petition is the ultimate step of the EB-5 visa process. It proves to the USCIS that you’ve met all the requirements and are eligible for a permanent US Green Card. It requires providing evidence of satisfying the conditional permanent resident status, investment, job creation, and criminal history.

The general time frame for processing the EB-5 Visa application can take a number of years and requires a number of steps:

• Document collection, funding, and investing in an EB-5 project.
• Filing and approval of I-526 or I-526E.
• Status Adjustment (I-485 processing) or Form DS-260 Consular processing.
• Approval of Form I-829.

E-2 Visa

Applying for the E-2 Visa is comparatively easier than the EB-5 application process. It involves the following steps.⁹

• Complete and submit Form DS-160, the online non-immigrant visa application.
• Book an appointment with the US embassy or consulate in your home country for a face-to-face interview.
• Attend the interview with Consul Officers.
• The Consulate approves and issues the E-2 Visa, allowing you to enter the US.

The E-2 visa processing time is quicker than the EB-5. Depending on the workload, it could take several weeks to a month.

Moving to the US from abroad

Once you have a visa, there are many other things to have set up before and after moving. Here are factors to consider when shifting abroad:

• Update bank and credit card accounts: Once you move to the US on an E-2 or EB-5 visa, your resident status typically changes to a non-resident in your home country. You must update existing bank accounts and credit cards, if required, and make sure you are still able to make payments back at home for any recurring bills.
• Staying connected to family and friends: While you shift to the US on your conditional green card, remain connected with family and friends. Apps such as WhatsApp, Instagram, and Facebook are easy ways to stay in touch and keep updated on things at home when feeling homesick. You can also get a local US phone number to communicate with your loved ones.
• Cultural changes: The US has a unique culture that is a mix of many different countries and can change depending on where you are. So, adapting to the US way of life can take time after leaving abroad. Identify ways to adapt that feel comfortable while still keeping traditions from home alive.
• Accommodation and logistics: You can identify residential apartments online before you shift to the US or find friends or family to stay with as you settle. Having an address in the US can also help you receive your moving boxes when you set up your residence overseas.
• Healthcare: Healthcare in the US is expensive, so its best to consider health insurance options in the US. Knowing the hospitals and healthcare clinics to approach in an emergency makes sense.

Banking in the US

You’ll need a bank account in the US for your business and personal activities. You can open a bank account in the US based on your conditional green card, including checking and savings. If you have all your documents ready, you may be able to open them online, but otherwise, you can stop by a bank branch near you.

You will likely need to open a business bank account by providing the necessary documents once your business is opened. A bank account is essential because it helps you track your investments, income, and expenses.

Want to know more about opening a US bank account as a non-citizen? Read our complete guide on how a foreigner can open a bank account in the US.

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