Entrepreneur Visa: 8 U.S. Visa and Green Card Options for Founders

Even after a green card petition is approved, the wait for permanent residence can depend on visa availability and your country of chargeability (generally your country of birth, not your citizenship). The Department of State publishes those cutoff dates each month in the Visa Bulletin. Cutoff dates have applied to EB-1, EB-2 and EB-5 for some countries of chargeability in past years, and they change from month to month. Check the current bulletin for your category and country before you plan around it.

Which Questions Decide Your Best Option?

Four facts narrow the list quickly. Each one opens some options and rules out others.

1. Is your country a treaty country? E-1 and E-2 are available only to nationals of countries with a qualifying treaty with the United States. The other six options have no nationality limit.
2. Do you already own or work for a business abroad? An established foreign company can support an L-1 and, later, a separate EB-1C green card petition.
3. Are you bringing capital, a track record, or both? E-2 and EB-5 are built on investment. O-1, EB-1A and the National Interest Waiver are built on your achievements or the importance of your work.
4. Do you want to stay permanently? If a green card is the goal, the plan needs either one of the three green card categories now or a temporary visa that leaves room to file a separate green card petition later.

Options for Investing in a U.S. Business

1. E-2 Treaty Investor Visa

Who it may fit: nationals of treaty countries who are investing in a U.S. business they will develop and direct.

The E-2 has no fixed minimum investment. The investment has to be “substantial” compared with the cost of starting or buying that type of business, so a service business with low startup costs can qualify with less than a capital-heavy one. The funds must be committed and at risk, not sitting idle in an account, and the business cannot be marginal. That means it needs the present capacity to earn more than a minimal living for you and your family, or a future capacity to do so that is realizable within five years from the date you begin the normal business activity of the enterprise. You also need at least 50% ownership of the enterprise or operational control of it.

Watch out for:

• Your country must have a qualifying E-2 treaty. India and mainland China, for example, do not.
• If you acquired your treaty-country nationality through a financial investment (a citizenship-by-investment program), and you have not previously held E classification, you must have been domiciled in that country for a continuous period of at least three years at some point before applying. The three-year rule does not apply to someone who was previously granted E status.
• E-2 holders must intend to depart the United States when their status ends. Filing certain green card petitions while in E-2 status, or applying for an E-2 visa with a pending green card case, can raise questions about that intent and should be planned with an attorney.
• Spending the investment funds before approval is part of the requirement (the funds must be committed), so a denial can leave you with a business you cannot run from inside the United States.

Green card? Not directly. E-2 status can be extended in two-year increments for as long as you and the business keep qualifying, with no maximum duration. Some E-2 investors later file separately under EB-5, the National Interest Waiver or EB-1A on their own merits. See our E-2 visa page, the E-2 treaty country list, and E-2 to green card options.

2. EB-5 Immigrant Investor Green Card

Who it may fit: investors from any country with significant capital who can make a qualifying investment in a U.S. business that creates jobs.

The EB-5, unlike the E-2, is a business investor visa that can lead directly to a green card through investment. The current minimum investment is $800,000 for an investment in a targeted employment area (a rural area or a high-unemployment area) or in a qualifying infrastructure project, and $1,050,000 elsewhere. Infrastructure projects are not part of the statutory definition of a targeted employment area, but they qualify for the same reduced amount. These amounts are set by statute and are scheduled for their first inflation adjustment, based on the Consumer Price Index for All Urban Consumers, for petitions filed on or after January 1, 2027, with further adjustments every five years. The investment must be at risk in a new commercial enterprise and create at least 10 full-time jobs for qualifying U.S. workers. You can invest directly in your own business or through a USCIS-designated regional center.

The reduced investment amount is a separate question from visa availability. The statute reserves a share of EB-5 visas each year for rural investments (20%), high-unemployment area investments (10%) and infrastructure investments (2%). Those set-aside categories appear separately in the Visa Bulletin, so a project’s category can affect both how much you invest and how long you wait for a visa number.

Watch out for:

• You must show the capital came from a lawful source and trace it fully. Properly documented gifts and certain loans can qualify.
• The green card you receive first is conditional permanent residence, valid for two years. You must file Form I-829 during the 90-day window before the second anniversary of obtaining conditional residence, and removing the conditions requires showing the jobs were created and the investment requirements were met.
• The sustainment rule depends on when you filed. For investors who filed before the EB-5 Reform and Integrity Act of 2022 took effect, the investment generally must be sustained throughout the two-year conditional residence period. For investors filing under the Act, the statute requires the capital to be expected to remain invested for at least two years, and USCIS has interpreted that period as beginning when the capital is made available to the job-creating entity. Confirm which rule applies to your petition before planning any exit.
• Congress has authorized the regional center program through September 30, 2027. The Act protected regional center petitions filed on or before September 30, 2026 from a future lapse of the program. That date has passed, so regional center petitions filed now do not have that protection if the program is not reauthorized.
• Government filing fees rise under the final EB-5 fee rule published September 30, 2026. For petitions postmarked on or after November 30, 2026, the Form I-526E (regional center investor) fee rises from $3,675 to $7,850, the Form I-526 (standalone investor) fee rises from $3,675 to $7,615, and the Form I-829 fee rises from $3,750 to $5,000. The separate statutory amount paid with each initial Form I-526E, which is deposited into the EB-5 Integrity Fund, rises from $1,000 to $1,100 on the same date. The postmark date controls, and a petition postmarked on or after that date with the old fee can be rejected.

Green card? Yes. Learn more on our EB-5 visa page and in EB-5 visa requirements.

Option for Businesses Built on International Trade

3. E-1 Treaty Trader Visa

Who it may fit: nationals of treaty countries whose business already trades substantially with the United States.

The E-1 is the trade-based sibling of the E-2. Instead of an investment, it looks at an ongoing, substantial flow of trade, and more than 50% of the enterprise’s international trade must be between the United States and your treaty country. Trade can include goods, services, technology, banking, insurance, transportation and tourism. Like the E-2, the E-1 is granted in periods of up to two years, can be extended repeatedly while the business keeps qualifying, and requires an intent to depart when status ends.

Green card? Not directly, and treaty nationality is required. Any green card would require a separate petition under a category you independently qualify for. See our E-1 visa page.

Option for Expanding a Company You Already Own Abroad

4. L-1 Intracompany Transferee Visa

Who it may fit: owners, executives, managers and specialized-knowledge employees of an established foreign company opening or growing a U.S. office.

The foreign and U.S. companies must be related, for example as parent and subsidiary, branch or affiliate. You generally need at least one continuous year of qualifying full-time work for the foreign company within the three years before the petition is filed. The L-1A covers executives and managers, and the L-1B covers employees with specialized knowledge. Owners can qualify.

A new-office L-1 lets a company send someone to set up a U.S. operation, with an initial approval of up to one year. The U.S. entity and its physical office space need to be secured before filing, and the extension (filed before the first year ends) requires showing the office has grown into a real, active business that can support an executive or managerial role.

Watch out for:

• The foreign business has to keep operating while you are in the United States. Winding it down can undercut L-1 eligibility.
• L-1A status has a seven-year maximum and L-1B a five-year maximum.
• L-1 petitions carry government fees in addition to the base Form I-129 fee, including a fraud prevention and detection fee and, for most employers, an asylum program fee. The exact amounts depend on employer size and should be checked on the live USCIS fee page before filing.

Green card? Not directly. Qualifying L-1A executives and managers may later be sponsored by the U.S. company under EB-1C, the multinational manager or executive green card, once the U.S. company has been doing business for at least one year. EB-1C is a separate petition with its own requirements and is not an automatic step. See our L-1 visa page, EB-1C page, and L-1 vs EB-1C.

Options When Your Track Record Is Your Strongest Asset

5. O-1 Extraordinary Ability Visa

Who it may fit: founders with a strong, documented record of achievement in business.

The O-1 does not require an investment. You qualify by showing a major internationally recognized award or meeting at least three of eight evidence criteria, such as published material about you, original contributions of major significance, a leading or critical role at a distinguished organization, or high pay compared with others in your field. USCIS then weighs the whole record to decide whether you have sustained national or international acclaim.

Green card? Not directly. Initial approval is for up to three years, with extensions available in one-year increments, and the evidence can overlap with an EB-1A petition. The O-1 allows dual intent in practice, meaning an approved immigrant petition or pending green card case does not by itself bar O-1 approval. See our O-1 visa page and O-1 to green card.

6. EB-1A Extraordinary Ability Green Card

Who it may fit: founders with an advanced degree or exceptional ability whose venture addresses something of national importance.

The EB-1A is a self-petition. No employer, job offer or labor certification is needed. You must show a major internationally recognized award or meet at least three of ten criteria, and USCIS then reviews the whole record (the “final merits determination”) to decide whether you have sustained national or international acclaim and will continue working in your field.

Watch out for: an O-1 approval does not mean EB-1A approval. The categories are related but separate, and EB-1A eligibility rests on the extraordinary ability standard, not on business ownership or commercial success alone. EB-1 visa availability can also be subject to cutoff dates in the Visa Bulletin for some countries of chargeability, which can delay the final green card step even after approval.

Green card? Yes. See our EB-1A page.

7. EB-2 National Interest Waiver (Green Card)

Who it may fit: founders with an advanced degree or exceptional ability whose venture addresses something of national importance.

Like the EB-1A, the National Interest Waiver is a self-petition. Under the precedent decision Matter of Dhanasar, you must show three things: your proposed endeavor has substantial merit and national importance; you are well positioned to advance it; and on balance it would benefit the United States to waive the usual job offer and labor certification. You must also qualify for the underlying EB-2 category, either through an advanced degree (or a bachelor’s degree plus five years of progressive experience) or through exceptional ability.

Watch out for: USCIS Policy Manual guidance updated January 15, 2025 states that general claims about economic benefit or job creation are not enough on their own to establish national importance. Entrepreneurs should expect to document evidence specific to their venture, such as investment from outside sources, government grants, intellectual property, accelerator participation, revenue or job growth. EB-2 visa availability is also subject to cutoff dates for some countries of chargeability, and at times for all countries, so an approved petition can still involve a wait.

Green card? Yes. See our National Interest Waiver page.

Option for Founders of Funded U.S. Startups

8. International Entrepreneur Parole (Not a Visa)

Who it may fit: founders of a U.S. startup that has raised qualifying investment or government grants and shows strong potential for rapid growth and job creation.

International Entrepreneur Parole is a discretionary period of authorized stay granted case by case under 8 CFR 212.19, applied for on Form I-941. The startup must have been formed in the United States within the five years before the application. You need at least 10% ownership at the time the initial application is decided (at least 5% for re-parole) and an active, central role in the business. Within the 18 months before filing, the startup must have received at least $311,071 in qualified investments from qualified U.S. investors or at least $124,429 in qualified government awards or grants. Your own money and money from your immediate relatives do not count toward these amounts. Startups that partly meet a threshold can submit other reliable and compelling evidence of growth potential. Up to three entrepreneurs per startup can qualify.

Watch out for:

• Parole is not an immigration status. Parolees generally cannot change to a nonimmigrant status from inside the United States, and an applicant already in the United States who is approved must generally leave and be paroled in at a port of entry.
• Parole can be revoked, and you can work only for the qualifying startup. You must also maintain a household income above 400% of the federal poverty guidelines for your household size.
• Initial parole is for up to 30 months. Re-parole for up to 30 additional months (a maximum of five years total) requires a new application showing that during the initial parole period the startup met at least one of three benchmarks: at least $622,142 in additional qualifying investment or government funding; at least five qualified jobs created; or at least $622,142 in annual revenue with average annualized revenue growth of at least 20%. A startup that partly meets a benchmark can supplement with other reliable and compelling evidence.
• The threshold amounts adjust for inflation every three years. The current figures took effect October 1, 2024, so the next adjustment is scheduled to apply to applications filed on or after October 1, 2027.
• In addition to the Form I-941 filing fee, a statutory parole fee enacted in 2025 under H.R. 1 may apply to grants of parole, and the amount is adjusted for inflation each fiscal year. Confirm the current amount and how it is collected on the live USCIS fee page before filing.

Green card? Not directly. Some parolees later qualify for a separate green card category and may be able to use Adjustment of Status or consular processing. Read more in International Entrepreneur Parole explained.

Which Options Lead to a Green Card for Entrepreneurs and Business Owners?

Three options lead directly to a green card: EB-5, EB-1A and the EB-2 National Interest Waiver. EB-1C is a fourth route for qualifying L-1A managers and executives. The other options are temporary, and moving from one of them to a green card is never automatic.

Holding a temporary visa while preparing a green card petition can be possible, but timing matters. E visas require an intent to depart when status ends, so the order and timing of filings should be planned with an immigration attorney. Visa Bulletin cutoff dates for your country of chargeability can also mean an approved petition does not immediately allow you to file for the green card itself.

What Should You Have Ready Before You Apply?

The documents depend on the option, but most entrepreneur cases draw on the same core materials:

• A business plan and the company’s formation and ownership documents.
• Proof of funds and a clear record of where the money came from (E-2 and EB-5).
• Evidence of your achievements, such as press, awards, letters and financial results (O-1, EB-1A and NIW).
• Records showing the relationship between your foreign and U.S. companies and your work history abroad (L-1 and EB-1C).
• Investment or grant records for your startup, including evidence that each investor meets the “qualified investor” definition (International Entrepreneur Parole).
• A budget for government filing fees. Fees vary by form and employer size, and several have changed or are scheduled to change. Check the live USCIS fee page for each form before filing.

Be careful about commitments made before approval. Signing a long lease, hiring staff, moving capital, resigning from a job abroad or letting your current status lapse based on an expected approval can create problems if the case is delayed or denied.

Every case is decided on its own facts, and requests for evidence and processing delays are possible. Processing times are published by USCIS and change over time; nothing in this article should be read as a predicted timeline.

Which Dates and Fee Changes Matter Right Now?

For a detailed legal analysis of all eight pathways, read Michael Ashoori’s article in Lex Wire Journal: Eight U.S. Immigration Pathways for Entrepreneurs: What Determines the Right Fit?

Frequently Asked Questions

• Which entrepreneur options do not require an investment?

  The O-1, EB-1A and EB-2 National Interest Waiver are based on your achievements or the importance of your work, not on a set investment. The L-1 depends on your foreign company rather than a new investment. International Entrepreneur Parole depends on outside investment or grants the startup has received, not your personal capital.

• Can I start a business in the U.S. on a tourist visa?

  Visitor (B-1) status permits specified temporary business activities, such as attending meetings, negotiating contracts and consulting with business associates, but it does not authorize local employment or productive work for a U.S. business. Whether a founder’s activity is permitted depends on what the activity actually is, where any pay comes from, and whether it amounts to labor for the U.S. company. Owning a business and working in it are different questions; see Starting a Business in the USA and Working for that Business.

• My country does not have an E-2 treaty. What are my options?

  Six of the eight options have no treaty requirement: EB-5, L-1, O-1, EB-1A, the EB-2 National Interest Waiver and International Entrepreneur Parole. Which of them fits depends on your business, capital and record. Some nationals of non-treaty countries also hold a second nationality from a treaty country, which can open the E-2 if the other requirements are met.

• Can my own company sponsor me?

  For some categories, yes. A company you own can file an O-1 petition as your employer or agent when the requirements are met, and an owner can be transferred under an L-1 if the corporate relationship and qualifying employment abroad exist. EB-1A and the National Interest Waiver are self-petitions, so no sponsor is needed. EB-1C requires a petition by the U.S. employer.

• Can my spouse work in the United States?

  Dependent spouses of E-1, E-2 and L-1 principals are authorized to work based on their status under current USCIS policy. Dependent spouses of International Entrepreneur Parole holders who are themselves paroled in can apply for an Employment Authorization Document (Form I-765). O-3 dependent spouses of O-1 holders cannot work on that basis. In green card cases, spouses and unmarried children under 21 can generally apply as derivatives.

• Can I apply for more than one option at the same time?

  In some cases, yes. Founders can hold a temporary visa while a separate green card petition is prepared or pending. E visas require an intent to depart when status ends, so the timing of each filing should be planned carefully. The O-1 and L-1 do not carry that same restriction.

• Which entrepreneur option is the fastest?

  There is no reliable fastest route. Timing depends on the category, premium processing availability (available for Form I-129 O-1 and L-1 petitions and for Form I-140 EB-1A, EB-1C and NIW petitions, but not for EB-5 or Form I-941), consulate wait times, Visa Bulletin cutoff dates for your country of chargeability and how quickly the evidence comes together. Government processing times change and cannot be guaranteed.

• What happens if my EB-5 regional center project’s authorization lapses?

  Petitions filed on or before September 30, 2026 are protected by the grandfathering provision of the EB-5 Reform and Integrity Act. Petitions filed after that date do not have that protection, and what would happen to them during a lapse is uncertain. Direct (standalone) EB-5 investments do not depend on the regional center program.

• Does an approved O-1 or L-1 count toward a green card?

  No. Time in O-1 or L-1 status does not accrue toward any green card, and approval of one does not establish eligibility for another. The evidence assembled for an O-1 can be reused and expanded for an EB-1A, and L-1A experience can support an EB-1C petition, but each green card petition is adjudicated on its own standard.

• Can you get a green card by opening a business?

  Not by opening a business alone. Starting or owning a U.S. business does not by itself qualify anyone for permanent residence, but a business can be central to a green card case under a few categories, each with its own requirements. The EB-5 can lead to a green card through investment when a qualifying investment in a new commercial enterprise creates at least 10 full-time jobs for qualifying U.S. workers. EB-1C is available to qualifying multinational executives and managers, including some L-1A holders, once the U.S. company has been doing business for at least one year; it requires a separate Form I-140 petition by the U.S. employer and is not an automatic step from the L-1A. The EB-2 National Interest Waiver allows a founder with an advanced degree or exceptional ability to self-petition if the venture has substantial merit and national importance, but general claims about job creation are not enough on their own. The E-2 visa alone does not lead to a green card; E-2 investors must separately qualify for an immigrant category such as EB-5, EB-1A or the National Interest Waiver.

• What is the best visa for business owners in the USA?

  There is no single best visa for business owners. Which option fits depends on your nationality, your capital, how your company is structured and whether you want to stay permanently. For nationals of treaty countries investing in a U.S. business they will develop and direct, the E-2 may fit. Owners of an established company abroad who are opening a U.S. office may qualify for the L-1, and qualifying L-1A executives and managers may later pursue a separate EB-1C petition. Business owners seeking a green card through investment may look at the EB-5, while founders with a strong record of achievement or a venture of national importance may consider the O-1, EB-1A or National Interest Waiver. The four questions in “Which Questions Decide Your Best Option?” above are a practical way to narrow the list.