Can an Immigrant Apply for a Green Card for Starting a Business in the U.S.?

Starting a business is one of the most innovative ways for immigrants to secure a green card in the United States. The U.S. offers several pathways for entrepreneurs to obtain residency, primarily through the EB-2 National Interest Waiver, the EB-5 Immigrant Investor Program, and the L-1 Intracompany Transferee Visa. Each of these pathways has its own eligibility criteria and requirements, making it essential for immigrant entrepreneurs to understand which path is best suited for their unique situation.

EB-2 National Interest Waiver

The EB-2 National Interest Waiver (NIW) is an ideal option for immigrants who have demonstrated exceptional ability in their field, an advanced degree, or have a groundbreaking, innovative business idea that serves the public interest. This visa does not require an employer to sponsor the immigrant, allowing for self-petitioning. However, it is important to note that the EB-2 NIW process can be lengthy. Prospective applicants should explore faster temporary options such as the O-1 visa, E-2 investor visa, or L-1 visa before applying for an EB-2 NIW.

Eligibility for EB-2 National Interest Waiver

Excellence in the applicant's field of expertise An advanced degree from a recognized institution or equivalent experience A demonstrated history of substantive work or achievements in the field, often supported by peer recognition and evidence of sustained work in the industry A clear national interest that the proposed business venture aligns with, such as job creation, significant economic benefit, or substantial educational or other significant public benefit

EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program is another crucial pathway for entrepreneurs. Foreign investors who invest a minimum of $1 million in a new commercial enterprise or $500,000 in a targeted employment area can qualify for a conditional green card if the investment creates at least 10 full-time jobs for U.S. workers. Successful applicants can later convert their conditional green card to a permanent green card after meeting the investment and job creation requirements.

Eligibility for EB-5 Immigrant Investor Program

Foreign investor with at least $500,000 to invest Investment of at least $1 million or $500,000 in a targeted employment area Create at least 10 full-time jobs for U.S. workers Admit and maintain the intent to operate a business in the U.S.

L-1 Intracompany Transferee Visa

The L-1 Intracompany Transferee Visa is a temporary visa for experienced managers and executives, as well as specialized employees, who are transferred to a U.S. office from a foreign company. After holding an L-1 visa for a certain period, the individual may be eligible to apply for a green card under the EB-1C category for multinational managers and executives.

Eligibility for L-1 Intracompany Transferee Visa

Transfer of a manager or executive from a foreign company to a U.S. office Employee must have worked for the foreign company for at least one year in the three years preceding the L-1 application Transfer is not based on an employment contract between the U.S. and foreign companies, but rather a position within the multinational enterprise

Other Employment-Based Visas

Depending on the business structure and the immigrant's role, other employment-based visa categories may apply, such as H-1B (specialty occupations), H-2B (temporary non-agricultural workers), and E visas for investors or treaty traders. Each of these visas has its own eligibility criteria and can serve as a pathway to a green card.

When to Seek Legal Advice

Given the complexity and varied requirements, it is highly recommended for individuals considering these pathways to consult with an experienced immigration attorney. The attorney can provide a detailed evaluation of the immigrant's specific situation, considering factors such as the individual's budget, timeline, priorities, nationality, and current immigration status. There is no one-size-fits-all solution, and an Indian tech entrepreneur would have different options compared to an Estonian mechanic looking to open an oil and tire change company in the U.S.

Consulting with a qualified attorney early in the process can significantly improve the chances of securing a green card through entrepreneurship. The attorney can guide the applicant through the application process, ensuring all requirements are met and maximizing the chances of success.