Top nonimmigrant US visas for business owners and entrepreneurs

No bureaucratic process is known for being easy or enjoyable, but understanding the steps that await us, how to approach them, and who to have by our side helps streamline the process.

Clarity and transparency are crucial for the beneficiary (i.e. the immigrant) as much as their legal team, but to date, no one tool or team has been able to provide this. That’s why we created Tukki — to combine the best of technology with lawyers — as well as this guide. There’s no reason why a comprehensive overview to assist you in making informed decisions should be hard to access.

Here, our focus will be on the most common nonimmigrant visa types that suit business owners and entrepreneurs primarily, so you can make sensible decisions about your future and your visa.

Nonimmigrant visa categories covered:

• E-2 Nonimmigrant Visas - Investor, Manager, or Executive
• L-1A Nonimmigrant Visas - Multinational Manager or Executive
• O-1A Nonimmigrant Visas - Extraordinary Ability

Top nonimmigrant visa types

The E-2 visa is for investors, executives, and managers from treaty countries who invest significant capital in a U.S. enterprise. The L-1A visa is for managerial or executive employees being transferred to the U.S. from an international organization. The O-1A visa is for individuals with extraordinary ability in their field.

To overly simplify: the E-2 focuses on the investment, the L-1A on the company and the immigrant’s role within it, and the O-1A on the individual and their accomplishments.

Overview of E-2 for investors

The E-2 visa caters to investors from treaty countries who invest significant capital in a US. enterprise.

1. Must be a national of a treaty country.
2. The E-2 investor has invested or is in the process of investing in the enterprise.
3. The business must be a bona fide enterprise and not marginal.
4. The investment must be substantial (typically >$100K, but not always).
5. E-2 investors must direct and develop the enterprise.
6. Spouse can work.

E-2 Visa - Suited to Treaty Investors

Profiles that typically qualify: Entrepreneurs, business owners, investors

Sponsorship: Not required

Requirements:

• The visa applicant and at least 50% of the business owners must be nationals of the same treaty country.
• Applicant must direct or control the business, either through 50%+ ownership or a high-level director or manager role.
• The investment must be substantial and at risk, documenting its legal source of funds.
• Funds must be the investor’s personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
• The business must be profitable and ideally create at least 1 US job during the first 5 years.

Pros:

• Renewable indefinitely, offering long-term business opportunities in the US.
• Flexible — can be used for almost any type of business.

Cons:

• Requires substantial upfront investment, with funds at risk (typically more than $100K USD).
• Some consulates have long wait times for E-2 application interviews.
• Requires committing investment funds before receiving approval.

Overview of L-1A Managerial and Executive

L-1A visas are for managerial or executive employees being transferred to the US.

• Manages the organization or a department, such as supervising employees, having hiring and firing authority, and exercising discretion over operations.
• Maximum stay: 7 years.

L-1A Visa - Intracompany Transferee Executive or Manager

Profiles that typically qualify: Corporate executives, high-level managers, business owners

Sponsorship: Required

Requirements:

• The US job must be in an executive or managerial capacity.
• The beneficiary must have been employed by a foreign branch, parent, subsidiary, or affiliate company of the US. sponsor.
• The beneficiary must have worked for the foreign company for at least one year within the three years preceding the visa application.

Pros:

• Allows international companies to transfer key managerial or executive personnel to the US.
• Facilitates seamless transition to permanent residency.

Cons:

• Requires 1+ years of prior employment abroad in the same corporate group — not a good option for new hires.
• Renewals max out after 7 years.
• Very new companies receive only a one-year initial visa that must be renewed.
• The beneficiary cannot change employers, except sometimes within the same corporate group.

Overview of O-1A Alien of Extraordinary Ability in Science, Education, Business, or Athletics

The O-1A visa is for individuals who have demonstrated extraordinary ability in their field, whether it’s science, education, business, or athletics.

• Extraordinary ability in science, education, business, or athletics: a level of expertise among the top of the field.

Profiles that typically qualify: Entrepreneurs, industry experts, researchers, STEM professionals, athletes

Sponsorship: Required

Requirements:

• Prove sustained extraordinary achievement in your field with at least 3 of 8 types of required evidence, such as receiving nationally or internationally recognized awards, getting featured in major media or professional publications, earning a high salary compared to peers, holding critical roles in distinguished organizations, writing scholarly articles, being a member of prestigious associations, judging the work of others, or making original contributions of major significance.
• Continue working in your area of extraordinary ability in the US.

Pros:

• Flexible sponsorship options. Can be sponsored by an agent instead of a single payroll employer, allowing visa holders to work for multiple employers.
• Good option for new/small employers.
• A good step to start building an EB-1A extraordinary ability green card.

Cons:

• Requires a higher level of individual experience and credentials in one's field compared to other visa categories.
• Employment is limited to the specific area of extraordinary ability or achievement.

In short, the E-2 visa is ideal for investors from treaty countries making substantial investments in US. businesses. The L-1A visa is suited for managerial or executive employees of multinational companies being transferred to the US. The O-1A visa caters to individuals with extraordinary abilities in various fields.

Each nonimmigrant US visa category offers unique benefits and challenges—choose the visa route that best aligns with your professional background and business objectives. By thoroughly understanding these nonimmigrant US visas, you can make an informed decision, facilitating your journey to work and thrive in the US. To continue the discovery journey, why not complete an assessment that will point you to your best US visa options?