Immigrant Pathways for Entrepreneurs in the U.S.
Entrepreneurs have several visa and green card pathways to establish businesses in the U.S., each tailored to different qualifications: EB‑1A (extraordinary ability), EB‑2 NIW (advanced degree or exceptional ability with national interest waiver), EB‑5 (investment-based), L‑1 (intracompany transfer), and O‑1 (extraordinary ability nonimmigrant visa).
EB-5 Immigrant Investor Program
EB-5 Immigrant Investor Program
EB-1A Extraordinary Ability
E-2 Treaty Investor
L-1A Intracompany Transferee
O-1 Extraordinary Ability
EB-5 Immigrant Investor Program
EB-5 Immigrant Investor Program
EB-1A Extraordinary Ability
E-2 Treaty Investor
L-1A Intracompany Transferee
O-1 Extraordinary Ability
Visa Type
Permanent Residency (Green Card)
Permanent Residency (Green Card)
Non-immigrant Visa
Non-immigrant Visa
Non-immigrant Visa
Path to Green Card
Yes, a direct pathway
Yes, a direct pathway
Yes, a pathway to permanent residency can be possible (e.g., via EB-1A)
Yes, via EB-1C
Yes, a pathway to permanent residency can be possible (e.g., via EB-1A)
Primary Requirement
Investment of $800,000
(TEA) or $1,050,000
(non-TEA) creating 10 jobs
Must have “extraordinary ability” and sustained national or international acclaim in their field
Substantial investment in a U.S. business from a “treaty country”
Transfer from a foreign company to a related U.S. entity in an executive or managerial role
Must have “extraordinary ability” and be coming to the U.S. to continue working in their area of expertise
Employer Sponsorship
Not required
Not required
Not required, as the applicant is the investor
Required; sponsored by a foreign company
Can be sponsored by a U.S. agent, but can focus on their own ventures
Job Offer
Not required
Not required
Not required
Not required
Not required, but must be coming to work in their field
Flexibility
Less flexible; funds must remain at risk until adjudication
Highly flexible; allows for multiple ventures and no fixed employer
Flexible, with renewable 2-year terms as long as the business is active
Specific to transferring an employee from a foreign branch to a U.S. branch, affiliate, or subsidiary
Flexible, with renewable 2-year terms as long as the business is active
Processing
Can be lengthy; includes a 2-year conditional green card period
Often faster than other employment-based green cards, as it bypasses labor certification
Generally faster processing, but not a direct pathway to permanent residency
Can have lengthy processing times
Generally faster processing, as it bypasses labor certification
Key Benefit
Permanent residency for the investor and family
Path to permanent residency based on personal achievement
No official minimum investment; often a stepping stone to other visas
Transfer a key executive or manager to the U.S.
Path to permanent residency based on personal achievement