How does a startup visa work in the USA?


How does a startup visa work in the USA?

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4 Answers

In the USA there are programs that resemble a startup visa. I will discuss some of them below:
  1. EB5 Visa
    1. The EB5 visa is an investment-based visa category.
    2. This is an immigrant visa, so successful applicants may qualify for a green card.
    3. Basic Requirements:
      1. Invest $1 million (or $500,000 in certain areas) in a US business.
      2. Your investment must lead to the creation of at least 10 full-time US jobs.
      3. Your investment must be at-risk. (you cannot be guaranteed a return and your investment must be subject to either gain or loss)
      4. The funds you use for the investment must have been lawfully obtained.
  2. E2 visa
    1. The E2 visa is an investment based visa category as well.
    2. This is a non-immigrant visa so it does not directly qualify successful applicants for a green card.
    3. Basic Requirements:
      1. You must be a national of a country with an E-2 treaty with US.
      2. You must invest or be in process of investing a substantial amount of capital in a US business.
      3. You must have control of the business by owning at least 50% of the business or by showing operational control.
      4. The US business should be an active, for-profit business, that has the capacity to generate more than enough income for the investor; OR to create a positive economic impact on the local economy.
  3. International Entrepreneur Rule
    1. The International Entrepreneur Rule is a program designed for entrepreneurs affiliated with startup companies.
    2. It is not a visa, it is a period of authorized stay up to 30 months, through the parole authority of the Department of Homeland Security.
      1. You may be eligible to extend for an additional 30 months.
    3. Basic Requirements:
      1. Have substantial ownership of a startup company formed within the last 5 years in the U.S. that has substantial potential for rapid growth and job creation.
      2. You have a central and active role in the start-up.
      3. You have to prove that your stay in the U.S. will provide significant public benefit to the U.S. based on your role as an entrepreneur of the startup. You can meet this requirement by showing: 1. that the startup has received a significant investment of capital by qualified investors; 2. that the startup has received significant awards or grants by federal, state, or local government entities; OR 3. by showing that the startup partially meets either or both of the previous 2 requirements plusadditional reliable and compelling evidence of the startup’s substantial potential for rapid growth and job creation.
I would be happy to discuss these programs in greater detail with you. I can be reached directly at seth@goldberg.com.co OR you can visit my website here: http://www.goldberg.com.co
Resources:
About the EB-5 Visa Classification
E-2 Treaty Investors
DHS Publishes Final International Entrepreneur Rule
EDIT: Since the original publication of this answer, in June 2017, the Trump administration has announced that it will delay the start of the International Entrepreneur Rule from July 17, 2017 to March 14, 2018. While it hasn’t been officially decided, there is widespread speculation that the International Entrepreneur Rule will be scrapped altogether.
Joel Yanovich
There presently is no 'start up visa' in the U.S. There have been various proposed start up visas, but none have ever been enacted.

That being said, there are visa categories that may be suitable to allow foreign nationals to work for (or start their own) new businesses. For instance, if one is a citizen of a country that has a qualifying treaty with the United States, the E-2 (treaty investor) category may be a good option.

Here's a link to the countires eligible for E-2:


And, here is some more information on the E-2 category:


The L-1 intracompany transferee category may be possible if the owner of the U.S. company also owns a company abroad. Here's a basic overview of the L-1 category:


It also is possible to have a person employed in H1B status at a start-up. And, if the entrepreneur wants to work in H1B status for his own company, this too may be possible:


There are some other possible options, depending on the circumstances. But, the aforementioned visa cateogries are typically the best available options for a start-up.
Marcel Muenster
UPDATE: Entrepreneurs born outside of the United States can now apply for a new category of temporary residency that would allow them to build their startups in the U.S. U.S. Citizenship and Immigration Services (USCIS) is now accepting applications for the International Entrepreneur Rule (IER).
Read more here.
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US President Barack Obama just Announced ‘Startup Visas’ For Foreign Entrepreneurs. Checkout: US President Barack Obama Announces ‘Startup Visas’ For Foreign Entrepreneurs
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