What is the Best Visa for Business Owners?

The USA offers various visa programs that allow foreign business owners to engage in commercial enterprises. These programs typically require applicants to invest capital in the U.S. and create or maintain jobs for American workers. Our Florida lawyers at Gill Law Firm can guide you through common visa options for entrepreneurs, including the O-1, EB-5, E-2, and L-1 visas.

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Types of Visa for Business Owners

O-1 Visa (Extraordinary Ability)

Elegibility: The O-1 Visa is an option for individuals with extraordinary abilities in their fields of expertise.
Duration: Initially for up to three years, with the possibility of extensions in one-year increments.
Dependents: Spouses and unmarried children under 21 can apply for O-3 visas.
Staff: Qualified and necesarry staff for the business can come to the U.S. under the O-2.
No minium investment: The O-1 visa does not require a minimum investment in a U.S. business, unlike the E-2 and EB-5 visas.

EB-5 Visa (Immigrant Investor Program)

Eligibility: Must invest a minium of $900,000 , up to $1.8 million, in a new commercial enterprise. Additionally, investor has to create at least 10 full-time jobs for qualifying U.S. workers.
Duration: Initially granted for two years. But, after meeting requirements, can apply for permanent residency.
Dependents: Spouses and unmarried children under 21 are eligible for the same Visa.
Employement: Holders can work anywhere in the U.S.

L-1 Visa (Intracompany Transferee)

Elegibility: To be eligible for an L-1 visa, you must be an executive, manager or have specialized knowledge who are being transferred to a U.S. affiliate. You must also have worked for the company for at least one year in the past three years.
Duration: L-1A for managers is up to 7 years, while the L-1B for employers is up to 5 years.
Dependents: Spouses and unmarried children under 21 can apply for L-2 visas, which allow spouses to work.
Employement: Must work for the affiliate U.S. company.

E-2 Visa (Treaty Investor)

Elegibility: For international traders and investors to expand their businesses into the United States.
Investment: The investment required varies, but it is typically at least $100,000.
Duration: Granted for up to two years, with unlimited extensions as long as the investment enterprise continues to operate.
Dependents: Spouses and unmarried children under 21 can apply for E-2 dependent visas.
Employement: Limited to the enterprise in which the investment was made.

Why Applying for the O-1 first is better?

The O-1 visa may be a better option for certain business owners under specific circumstances. Here are some reasons why the O-1 visa could be preferable compared to the L-1, E-2, and EB-5 visas. Our Florida lawyers at Gill Law Firm can help you determine which visa best suits your needs:

1. Flexibility in Business Activities

No Company Ownership Requirement: Unlike the E-2 and L-1 visas, the O-1 visa does not require the applicant to have ownership of the business.

2. No Investment Requirement

The O-1 visa does not require a minimum investment in a U.S. business, unlike the E-2 and EB-5 visas, which require substantial investments.

3. Eligibility Based on Individual Merit

The O-1 visa is based on the individual's talent and recognition in their field, which can be useful for business owners who have achieved significant success.

4. Shorter Processing Time

The O-1 visa application process can be expedited using premium processing, leading to faster approval compared to the EB-5 visa.

5. Less Burdensome Requirements

The O-1 visa does not have a job creation requirement like the EB-5 visa, and is not restricted to nationals of countries that have a treaty with the U.S., unlike the E-2 visa.

6. Pathway to Green Card

While the O-1 visa is a non-immigrant visa, it can be a shortcut to an EB-1A green card due to the similar eligibility requirements.

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