How to get an American visa if you have your own business
You are successfully doing business in your homeland, but you would like to try your hand in the USA? Or is there no large business yet, but there is a small business, many ideas and the desire to be realized in America? Or maybe you came here on a tourist visa, applied for political asylum, opened your own business here - and don't even know that you already have the right to a green card? Let's see what types of US visas entrepreneurs can count on.
Alexandra Rogacheva is a young entrepreneur from Ukraine, co-author of the popular mobile application that the company Apple recognized as one of the best in the field of augmented reality in 2017. Thanks to her "virtual tattoo salon" a person can try on any tattoo. A year and a half ago, Alexandra and her team arrived in New York for an acceleration program.
“We did not plan to remain in the States after the end of the program, but in the process it became clear that there were much more opportunities for growth, and it would be great to be able to be here without restrictions,” says Alexandra.
The team began to look for opportunities to gain a foothold in the United States. Turned to an immigration lawyer in New York and decided to seek O-1 visas. This is a nonimmigrant visa for talented people in the arts, sports, science, education or business. “We began to collect evidence that I meet the criteria for this visa. A list of publications about the company was included in my petition (over the last year more than 300 articles were written, of which at least 10 was in top publications); the investments we received; letters from experts with an assessment of my work; proof of the popularity of the product (more than 5 of millions of people took advantage of our application by that time) and so on. I got a visa! ”, Says Alexandra.
“The most important thing is to prove to an immigration officer that a person applying for a visa has achieved success in a certain niche and is included in a very small percentage of people who have reached such heights,” says immigration lawyer Ekaterina Muratova, lawyer Alexandra.
Ekaterina has more than 15 years of experience in the immigration industry legislation, and she is sure that for almost every business you can find the right visa.
Visa L1: open a branch office in the USA
This visa can be obtained by employees who are transferred from a foreign company to a branch opened in the United States. Entrepreneurs, in fact, can translate themselves. For example, you have a small candle factory. The company, though not large, brings a stable profit, can provide business in the US for at least a year and contain its employee being transferred - that is, you.
“This visa is not issued to all employees, it can be obtained only by management staff or professionals with specialized knowledge that is not easy to find in the United States,” says a lawyer. - This is a nonimmigrant visa, but after a year of operation of a company in the United States, an employee who has been transferred as a manager can apply for a green card. Unfortunately, there is no such privilege for employees with specialized knowledge. This visa is good because it does not set the bar for minimum funding. It is suitable for businesses of any size. Such a loyal policy exists because it is considered that if foreigners open a new business and invest in it, then they potentially create jobs for US residents and citizens and generally develop the country's economy. That is why this visa does not apply to the transfer of regular staff, which can be easily found in the United States. ”
If a foreign citizen travels to the United States to open a new business, initially a visa is issued for 1 a year with the right to extend each time for a two-year period, until the total period of stay in the US for this visa is 7 years. If the company in the United States is already successfully operating, you can get this visa right on 3 of the year. Also, if a company has been working for more than a year, a foreign employee in a management position may apply for a green card.
E1 / E2 visa: extend at least your whole life
With this visa you will not receive a green card, but you can live in America indefinitely. Only citizens of certain countries are eligible for it. Russia is not included in this list, but Ukraine, Lithuania, Latvia, Estonia, Kyrgyzstan, Kazakhstan, Armenia, Azerbaijan, Georgia and Moldova are included.
“The E1 visa is for entrepreneurs who trade between the United States and their country. But most often we make an E2 visa, because it is an investor visa, it does not require any ties with the homeland, except for citizenship, no trade relations, you just need to invest your capital in the US economy and conduct business here, ”says immigration lawyer Ekaterina Muratova .
The desired amount of invested capital is small, in the 70 area of thousands of dollars, the only requirement is to show the legal origin of the money. It can be not only business income or wages, but also a gift or funds received as a result of the sale of property, the main thing is that money should be received by legal means. The visa is issued for the 2 of the year and then renewed every 2 of the year. You cannot get a green card for it, but until a person takes his money from a business in the USA, a visa can be extended further.
H1B Visa: Be Your Own American Employer
H1B is a traditional work visa. It is believed that it needs an American employer, but in the case of a business you can open a company in America - it is considered a separate legal entity and can sponsor its owner, provided that the company and the owner have an employer-employee relationship (not a passive investor) . That is, your company can become an employer for you. In the future, this visa may “grow” into an immigration EB3. However, unlike other programs, there is a quota for its receipt and it is possible to wait for a green card on it for years. The list of immigration visas is more accessible.
EB1 visa: hello, we are looking for talents
The requirements for this program are no different from the requirements for an O visa that was received by Alexander Rogachev. It is designed for people with extraordinary abilities in science, art, education, sports and business. The only difference is that EB1 is an immigration visa for the purpose of obtaining a green card. Requirements - to prove that a person has risen to the very top of his industry. He should not be a genius, just need to prove that his abilities are much higher than the average representative of his profession.
“The EB1 program is good because it does not require an American employer - the person himself files a petition, unlike the O visa, it just needs an employer from the United States. And, of course, despite the fact that the list of evidence is the same, the quality requirement is much higher, as this visa allows you to apply for a green card, ”says immigration lawyer Ekaterina Muratova.
EB2 visa with National Interest Waiver: working for the benefit of the country
The EB2 immigration visa is intended for two categories of people:
a) possessing an educational degree above a university (magistracy, doctor), or
b) possessing special talents in the field of art, science, business.
Usually, this program requires an American employer. However, this requirement does not apply to foreign citizens whose intended professional activities in the United States are considered favorable for the country and society. An example is employment in such industries as business development and entrepreneurship, education, health care, science, the development of new technologies, the development of the cultural life of the country.
“In the case of entrepreneurs, it is required to prove that a person is a professional in his business and his activities in the USA will be in the interests of the country and will benefit others. Creating jobs for citizens and permanent residents of the United States, increasing the tax base and contributing to the development of the country's economy are good acceptable arguments, ”says lawyer Ekaterina Muratova.
Visa EB5: for those who are already successful
The EB5 visa is a program for more affluent businessmen, this is the so-called “investor immigration”. To obtain such a visa, an entrepreneur must make substantial investments in the American economy - from half a million dollars. Plus - create 10 jobs. Entrepreneurs can invest directly in their business or through investment funds. Immediately after investing, they receive a temporary green card, and after 2 of the year, subject to the creation of 10 jobs, a permanent one.
Change the "policy" to business immigration
Immigration lawyer Ekaterina Muratova says: the most popular business visas are E, L and O among non-immigration, and EB1, EB2 among immigration.
“E-visa is good because it can be extended, plus for this visa you just need to show where your money comes from. It is not required that there be a successful business abroad as in the case of a L visa, that is, the process is more “straightforward” - a person invested money in a business in the USA and received an E-visa. Therefore, it is quite popular. But it does not lead to a green card, such as L. But on L-visa it is necessary that the business abroad continues to function and this fact must be confirmed with each renewal of the L-visa, and with E it does not matter. Everywhere there are some nuances, ”emphasizes the lawyer.
Business visas can be obtained from being in your own country or already arriving in the US on one of the non-immigrant visas, for example, student or tourist.
If E, L and O are non-immigrant visas, and the person must have an intention to leave the country in the future, then EB1, EB2, EB5 are immigration programs in order to obtain a green card. You can file a petition under one of the immigration programs, even while in the country pending consideration of a political asylum case. So did entrepreneur Dmitry. In the USA from Ukraine, he and his wife came to 2014 with three suitcases and two children under their arms.
“We have two Montessori schools in Ukraine. We tried on New York for our business for a long time, but in 2014, political events in the country became a catalyst, and we made a decision - if not now, when? ”, Says Dmitry. Upon arrival, the couple registered the company, rented a room for a school in Manhattan and began to solve the issue of immigration. The lawyers offered to apply for political asylum, having convinced that this is the most reliable option.
“As a result, the years went by, and the interview was not all. I have ceased to arrange such a situation, constantly there was a feeling of inferiority from the inability to leave, from hanging in the air. I began to look for other options. Catherine was the first immigration lawyer in the United States who convinced me that we can qualify for business immigration, ”says Dmitry. As a result, just a year after the beginning of the process, their case was approved, and now Dmitry and his family are waiting for the green cards.
According to Ekaterina Muratova, there are plenty of entrepreneurs who have been waiting for an interview on politics, although they could apply for an immigration visa. For some reason, among Russian-speaking immigrants it is considered to be a business visa as something inaccessible. Often people do not know at all about their capabilities. Therefore, if you have a business and there is a question of legalization, it may be worthwhile to seek advice from a competent immigration lawyer.
You can leave your questions to immigration lawyer Ekaterina Muratova in the form under the article.
Ask a question to immigration lawyer Ekaterina Muratova
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