US Startup Visa
US Startup Visa is specifically for entrepreneurs and individuals with innovative ideas who wish to establish their businesses in this country. In fact, there is no specific program defined under the Startup program in the USA, and entrepreneurs can enter this country through various programs to set up their businesses. Some of the most important pathways are as follows:
- O-1 Visa
- EB-5 Visa
- L1 Visa
- E2 Visa
Each person, based on their specific circumstances, can choose one of the various available programs and submit a visa application after preparing the checklist of required documents. In this regard, Malekpour Institute with experienced local lawyers is ready to offer advisory services about various methods of immigration to the USA through startups. You can connect with the agency’s consultants for guidance.
For more information regarding investment in the USA and obtaining US visa, please refer to the related articles.
Obtaining a Startup Visa for the USA with Malekpour
The startup visa for the USA has always been one of the most sought-after methods for immigration and obtaining residency in this country. The Malekpour Immigration Institute, with over 20 years of outstanding experience and with the help of local lawyers in the USA, is ready to offer various advisory services regarding obtaining residency in the USA through startup and entrepreneurship methods for you dear ones.
What is a US Startup Visa?
The US Startup Visa is designed to encourage entrepreneurs to create and grow their businesses in this country. Entrepreneurial individuals and foreign investors can take various approaches to set up their businesses in this country. The startup visa serves as a pathway for foreign investors to enter the USA to obtain permanent residency and citizenship.
Types of US Startup Visa
There are various types of startup visas in the USA that entrepreneurs can utilize to commence their businesses. In the following sections, we will introduce and explain each of these visa types.
| Visa Type | Description |
|---|---|
| H-1B Visa | A non-immigrant work visa for individuals in specialized occupations. |
| O-1 Visa | Suitable for individuals with extraordinary ability in sciences, arts, education, business, or athletics. |
| E-2 Visa | A temporary visa for investors; allows business setup in the U.S. with an investment of around $100,000–$150,000. |
| EB-5 Visa | A well-known U.S. entrepreneurship program granting permanent residency from the start in exchange for investment and job creation. |
| L-1 Visa | For intra-company transfers; used to open a U.S. branch of a foreign company and bring executive-level staff. |
What is the L1 Startup Visa in the USA?
Non-American citizens can use the L1 visa to establish a branch of their main company in the USA and transfer their executive managers to this country. The US Startup Visa of the L1 type allows entrepreneurs to obtain a US green card in the shortest possible time.
This visa essentially allows multinational companies to obtain residency for executives and managers through branch transfers and to establish their businesses. The most important conditions for applying through the L1 visa are as follows:
- The applicant must have at least one year of experience in a senior position in an international company within the last three years.
- Be prepared to work in senior positions in the US branch.
The costs of this visa include:
| Fee Type | Amount (USD) | Details |
|---|---|---|
| Form I-129 Filing Fee | $780 | Standard fee for employers with more than 25 employees. |
| $460 | Reduced fee for small employers (≤25 employees) and nonprofits. | |
| Fraud Prevention and Detection Fee | $500 | Mandatory for all initial H-1B petitions. |
| ACWIA Training Fee | $750 | For employers with 1–25 full-time employees. |
| $1,500 | For employers with 26 or more full-time employees. | |
| Public Law 114-113 Fee | $4,000 | Applies to employers with ≥50 employees, where over 50% are in H-1B or L-1 status. |
| Premium Processing (Optional) | $2,805 | Expedites processing to 15 business days. |
What is the E2 Startup Visa in the USA?
The nonimmigrant E2 visa is for citizens of countries that have a treaty of commerce and navigation with the USA. According to this visa, entrepreneurs and investors can start their businesses in this country with a relatively low investment.
Visa application steps:
- Prepare a complete, comprehensive and creative business plan
- Complete the DS-160 form online
- Pay visa fees
- Schedule an interview and attend the visa officer interview
- Provide the required documents at the interview
What is the O1 Startup Visa in the USA?
The O1 visa is a U.S. non-immigrant visa for individuals with extraordinary ability in fields such as science, business, sports, arts, and education. It grants temporary residency and work authorization in the applicant’s area of expertise. Applications for the O1 visa must be filed by a U.S. employer or authorized agent, not by the individual.
Government organizations or universities in the USA can also apply for the O-1 visa for foreign nationals.
Extraordinary ability refers to:
- Have high skill and ability in a specific field
- The person can provide a higher level of education than is typical in American industry
- Be known for their achievements
- Be among the best in their field
What is the EB-5 Startup Visa in the USA?
The US Startup Visa through the EB-5 program is part of the US government’s immigration and residency programs that grants applicants and their accompanying family members green cards from the outset.
Individuals under this program contribute significantly to the country’s economy by bringing substantial investment to the USA to start businesses and engage in entrepreneurship. The aim of the program is to attract foreign investors and establish businesses in the USA. The requirements for applying for this visa category include:
- Investment of $900,000 in sparsely populated areas or $1,800,000 in US commercial projects
- Overtime employment of at least ten American employees or workers
- Proof of financial source of investment resources
The costs of the EB-5 visa include:
| Form Name | Description | Filing Fee (USD) |
|---|---|---|
| I-526 | Immigrant Petition by Standalone Investor (EB-5) | $11,160 |
| I-526E | Immigrant Petition by Regional Center Investor (EB-5) | $12,160 (includes $1,000 Integrity Fund Fee) |
| I-485 | Application to Register Permanent Residence or Adjust Status | $1,440 |
| I-765 | Application for Employment Authorization | $260 (if filed with I-485) |
| I-131 | Application for Travel Document | $630 |
| Biometric Services | Fingerprints and photo collection | Included in form fees; separate fee eliminated for most cases |
The steps for the EB-5 visa application are:
- Fill out Form I-526 and submit it to USCIS
- After receiving initial approval, submit Form DS-260 to the National Visa Center.
- Attend a visa interview at the embassy
- Receive your green card and enter the United States.
What is the EB-2 Startup Visa in the USA?
The EB-2 visa is a category of residency visa for which eligible individuals can apply for a green card for themselves and their family members from the beginning. This type of visa is designed for individuals with high educational qualifications and strong resumes. Accompanying family members include spouses and children under 21 years of age. The most important conditions for obtaining the EB-2 visa include:
- Have excellent academic qualifications: At least a bachelor’s degree with at least 5 years of related work experience in the same field
- The individual must have management experience.
- The individual’s resume must be internationally recognized and the individual must prove that it will be useful to the US government.
- The individual must prove that he is an innovative entrepreneur and has a suitable economic situation for investment in the US.
International Entrepreneur Parole (IEP) Program
The International Entrepreneur Parole (IEP) program grants entrepreneurs a one-time entry into the U.S., with re-entry requiring special permission. It allows the Department of Homeland Security to admit international entrepreneurs whose presence benefits the public interest.
The L1 visa is a common alternative to the E2 visa but has stricter requirements. It permits an initial 30-month stay, extendable to a maximum of 5 years. L1 visa holders can bring their spouse and children under 21, with spouses eligible for full-time work in the U.S.
The most important conditions of the IEP program include:
- The company the applicant is going to work for must be a startup that has been established within the last 5 years
- The company must have growth and entrepreneurial potential.
- The applicant must own at least 10% of the startup’s shares.
- The individual must play a key and active role in the startup.
Steps to Obtain US Startup Visa
To apply for a startup visa for the USA, the following steps must be followed:
- Choosing the type of visa: The individual must determine one of the types of US startup visas based on their resume and conditions.
- Preparing a business plan: A business plan must be prepared in which the business idea, financial plan, and growth strategy are specified. The financial resources must also be specified in the submitted business plan.
- Gathering the required documents: At this stage, the individual must prepare all the required documents. Financial documents, documents related to the business plan, etc. must be submitted.
- Visa application: After preparing the required documents at this stage, the individual can submit his application to the embassy.
- Visa interview and waiting to receive the visa: At this stage, the individual prepares himself for an interview with the visa officer and after the interview on the appointed day, he must wait for the embassy’s response.
Required Documents for Obtaining US Startup Visa
The most important required documents for applying for a US startup visa are as follows:
- Having a passport with sufficient validity
- Filling out visa application forms
- Providing several passport photos
- Proof of financial means
- Having a creative business plan
- Providing proof of no criminal record
- In some cases, proof of management or business experience
Conditions for Obtaining a US Entrepreneur Visa
Each program of US entrepreneurship visa has its own specific rules and requirements, which we will discuss below.
The most important conditions for receiving the EB-5 Entrepreneurship Program:
- A minimum investment of $800,000 in sparsely populated areas
- The individual must actively invest in a business project. This means that the individual cannot obtain residency in this country through a bank deposit.
- Your capital sources must be transparent and have a specific financial source.
- In this type of investment, the applicant must employ at least 10 people.
- The investor must participate in the management of the business.
E2 Entrepreneurship Program Requirements
- Only individuals whose nationals are members of the treaty can apply for this program.
- The individual must invest at least $100,000 or more in an American company or any other business.
- The individual must invest in an active and profitable company.
- The individual must invest in an active business.
- The investment amount must be obtained from legal sources.
Steps for the US Entrepreneur Visa Application
The procedures for obtaining a startup visa for the USA are as follows:
- Choose the right visa according to your conditions: Individuals can research and investigate different US startup visas such as E2, EB-5, L1, O1, etc. and choose one according to their conditions.
- Preparing the required documents for visa application: In most US startup visas, the individual must prove that he has a creative and innovative business plan that will be beneficial to the United States.
- Submitting the application: After preparing the required documents, the next step is to submit the documents and submit the visa application. These steps include sending and filling out the visa application forms, paying the visa application fees, and attending the visa interview.
Required Documents for Obtaining a Startup Visa for the USA
The required documents for the US startup visa include:
- Passport valid for at least 6 months
- Completed Form DS-160 for nonimmigrant visa and Form DS-260 for immigrant visa
- 2 passport-sized photos
- Proof of financial resources
- Have an employment contract with an American employer or partner, if required
- Have an innovative business idea
- Have management or business experience
Frequently Asked Questions
- How can one obtain a US Startup Visa?
After consulting with an American lawyer, you can initially choose the type of visa based on your circumstances and then take steps to apply for the visa by preparing the requirements and necessary documents for that program.
- Is having a business and managerial background a requirement for applying for a startup visa?
Some startup programs such as L1, etc., require a business background and high-level management experience.
- Which should I choose between the EB-2 and EB-5 visas?
Choosing between these two visas entirely depends on the applicant’s resume. The EB-2 visa is suitable for individuals with high expertise and a strong resume, while the EB-5 visa is an investment program with a specified amount.
- How long does it take to apply for a US Startup Visa?
Depending on the type of visa requested, it can take from 6 months to 24 months.
Conclusion:
The US startup visa and its details have been explained for you dear ones in the above article. The best pathway to obtaining a US startup visa will be determined according to the individual’s circumstances, resume, and interests. Each of the various startup visa programs has its specific requirements, which individuals can prepare after selecting their pathway. In this regard, you dear companions can contact the experienced consultants of Malekpour Immigration Institute and receive free specialized advice after explaining your resume.
