Breaking into the American market is the goal of countless international founders, but without the right visa that ambition runs straight into legal and financial obstacles. To register a company, open a bank account, sit in investor meetings or sign contracts in your own name, you need valid US status.
A US startup visa is the route for founders who have capital and an innovative business plan and who have decided on moving to the United States. If you can show the US authorities that your business can create jobs, generate economic growth or shift an industry, you have a credible case for entering the American market through a work-based route.
Below we set out the startup visa options, both temporary and permanent, along with the conditions and the documents each one asks for.
What is the US startup visa?
There is no single visa called the “startup visa” in US law. The term covers a group of routes built for founders who have a defined, workable business plan and who can create jobs and economic value by launching that business in the United States.
To use any of them you need to show a track record of running a business, enough capital to launch, and a plan that stands up as useful to the US economy.
Official guidance on these routes expects the founder to know the target market, the competitive advantage, the execution risks and the growth outlook in detail. Put simply: an idea alone is not enough. You have to be ready to run the plan in the American market.
Temporary routes for founders
Startup routes come in temporary and permanent form, and both give you a lawful basis to set up a business, earn income and create jobs.
Family members can come with you, and in some cases the route leads on to permanent residence. With that in mind, here is how to work out which startup route fits your circumstances and your business.
The International Entrepreneur Rule (IER)
The International Entrepreneur Rule was created to let founders build a business in the United States. It is worth being precise here: the IER is not a visa. It is a parole programme, granted for an initial period of up to 30 months and extendable by a further 30 months. Unlike investment visas, which turn on how much money you put in, it turns on the strength of the idea and the growth potential of the startup. A founder applying this way must meet the following criteria:
| Criterion | Requirement |
|---|---|
| Startup operating history | Less than 5 years |
| Founder ownership stake | At least 10 percent |
| Capital required | Thresholds are set by USCIS and adjusted for inflation periodically; check the current amounts on the USCIS International Entrepreneur Parole page |
| Authorised period of stay in the US | Up to 30 months of parole (not a visa); a further period only if re-parole is approved |
| Extension if the business grows | Possible |
You have to prove that the proposed startup can create jobs, generate substantial revenue and contribute to economic growth.
The E-2 visa for investing in a US business
The E-2 lets founders run a business on US soil. Unlike the IER, it requires a direct investment in a US-based company. To apply you need to meet the following conditions.
- Be a national of a treaty country (the full list of treaty countries is at this link)
- Own at least 50% of the business
- Satisfy the authorities that the business will start trading promptly
- Show that the business generates real income and is not marginal
- Commit a substantial, at-risk investment. No minimum amount is fixed in law; the investment must be substantial in relation to the total cost of buying or establishing the business
- Present a complete business plan with a clear structure
- Hire American workers, other than your own family members
The visa is issued for two to five years depending on your country’s reciprocity schedule, and it can be renewed for as long as the business is trading and profitable. Note that nationals of China, India and Brazil cannot use this route, because those countries have no qualifying treaty with the United States.
The L-1A visa for opening a branch office
International founders who want to grow their business and open a branch in the United States can apply for the L-1A. The route is built for managers and executives who already run an operating business outside the US and now want to open a branch of that company inside it.
For a new office the first approval runs for one year, and you can bring senior managers over to work in the US branch. Direct investment is not a formal requirement, but you still have to show enough funding behind the plan.
The L-1A is issued for one year in new-office cases and can be extended to a maximum of seven years. It can also lead to permanent residence through the EB-1C green card. A founder applying for this route must meet the following conditions:
| Requirement | Details |
|---|---|
| Work history | Employed as a manager or senior executive for at least 1 year within the past 3 years |
| Business ownership | US branch registration and a qualifying corporate relationship with the US entity |
| Setting up an office | Office lease agreement and physical premises in the US |
| Hiring staff | Hire US workers during the first year of operation |
| Financial resources | No statutory investment threshold; USCIS assesses whether the new office has secured premises and sufficient resources |
The O-1A visa for founders with a record in their industry
This route is for founders with extraordinary ability in business, science or technology, and it rests entirely on documented professional achievement. To apply, a founder needs to satisfy the following:
- Industry awards or honours
- Recognition among leading businesses in the field, for example coverage that ranks the company or the founder
- A significant role in the industry
- Published material about you or by you
- A senior management record and a high salary
- Documented commercial success
- Recommendation letters from experts in your field
- Evidence for every achievement you claim
- A defined business plan to do comparable work, at a comparable level, in the United States
The O-1A is issued for up to three years, can be extended, and lets the founder work lawfully in the United States.
Read the full guide to the US work visa on the Aval Visa site.
Permanent residence routes for founders
Many founders who want to build in the United States share one worry: a temporary visa that is not extended, with the startup’s future hanging on it. So it is worth looking at the permanent residence routes as well.
Most of these give you more room to operate and unrestricted access to financing such as funds and grants.
The EB-1A green card
EB-1A is built for highly accomplished, senior founders who are recognised in their field, and it rests entirely on professional achievement. The founder needs to show:
- National or international recognition
- A successful management record
- A record of distinct innovation
- Recommendation letters from industry leaders
- Evidence of success in previous businesses
- Sufficient funds and the capital the plan requires
- A business built to have a positive effect on the American economy, culture and society
The evidence generally has to include sustained coverage of your work in the press or in your industry. A successful EB-1A applicant receives a US green card, with everything that follows from it: a path to US citizenship, the ability to trade freely and the freedom to launch further ventures.
The EB-2 NIW route for high-impact founders
EB-2 with a national interest waiver is another startup path to a US green card, aimed at founders whose business has a marked economic and employment impact in the United States. Here you have to prove that your business matters financially to the American economy and that it can create jobs. It helps if:
- The startup is focused on developing technology or improving a key sector such as healthcare, education or clean energy.
- You can show that you are well placed to deliver the plan, meaning the experience, the skills and the resources to make the idea real.
Documents for the EB-2 route
- Your degree
- A business plan with a clear structure
- Evidence of the technical and financial capacity to deliver the plan
- Letters of support from specialists, leading experts or government officials
- Evidence of a positive, long-term effect on the host economy and society
US permanent residence through the EB-5 visa
EB-5 is one of the strongest options for permanent residence in the United States. It is for investors who support economic growth and job creation through a qualifying investment in an American business. To have the conditions removed, your investment must create at least 10 full-time jobs for US workers, sustained for at least 24 months. There are two investment levels:
- USD 1,050,000 for a standard project
- USD 800,000 in a targeted employment area (TEA)
The process usually takes 2 to 3 years. You first receive a conditional two-year green card, and if the job creation and investment conditions have been met over that period you can apply to have the conditions removed and hold permanent residence outright.
US startup visa costs
| Application | Cost in USD |
|---|---|
| Filing Form I-526 or I-526E petition | Per the current USCIS fee schedule |
| Submitting Form I-526E petition | EB-5 Integrity Fund fee, set by USCIS |
| Biometrics fee | USD 85 |
| Filing Form I-829 petition | Per the current USCIS fee schedule |
| Document translation and certifications | Depends on the documents |
| Immigration consultants handling the process | Depends on the case and the law firm chosen |
| Travel for biometrics and the embassy interview | Depends on the country of departure |
Documents for a US startup visa
- Originals and certified translations of identity documents
- A passport with two blank pages and at least six months of validity
- The completed visa application form: DS-260 for immigrant categories, DS-160 for non-immigrant visas
- A recent biometric photograph
- Proof of funds
- All business documents relevant to the category you are applying under
- Every form completed in full
How Aval Visa works on US startup visa files
A US startup visa is not an easy route, but if you have a strong business plan, a record of building companies and the capital to invest, it can be the launchpad for taking your brand global. The decisions that matter are choosing the right category, preparing the documents carefully and presenting the application professionally.
Our team at Aval Visa works with you so the process moves quickly and with confidence. Because consular waiting times are long, we arrange expedited US embassy appointments for our clients so no opportunity is lost. If you would rather enter the United States another way, for example through a US student visa, our advisers will help you pick the route that fits and handle the work: forms, letters and appointment booking.
Frequently asked questions
- What exactly counts as a TEA?
Targeted employment areas are rural areas with a population under 20,000, areas where unemployment runs at 150% of the national average or higher, infrastructure projects serving several districts, and urban areas with high unemployment. If your business is set up in one of them, an investment of USD 800,000 can qualify you for EB-5. - What are the benefits of a US startup visa?
The route is demanding, but it gives you access to global markets and customers worldwide, room for professional and commercial growth, and a basis for US residence and, in time, citizenship. - Which cities are best for launching a startup?
Advisers commonly point founders towards Charlotte, Houston, Chicago, Miami, New York, Seattle and Los Angeles.