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Entrepreneur Visa

E Visas for Entrepreneurs L-1 Entrepreneurs O-1A Visas for Entrepreneurs with Extraordinary Ability TN Visas for Canadian And Mexican Entrepreneurs H1B Visa for Entrepreneurs and Startup Companies International Entrepreneur Parole EB-1A: Extraordinary Ability for Entrepreneurs EB-2 National Interest Waivers for Entrepreneurs Entrepreneur Visa Lawyer

The benefits entrepreneurs contribute to the U.S. economy are undeniable, including technological innovation and job creation. In a recent Forbes magazine article, Forbes reported that more than three million foreign-born entrepreneurs operate businesses in the United States, employing millions of workers. Furthermore, foreign entrepreneurs hold a significant number of patents for new technologies. Furthermore, immigrant entrepreneurs started prominent companies such as Google, Tesla, and Yahoo.

While the U.S. is home to many businesses founded by foreign entrepreneurs, there is no specific class of immigration entrepreneur visas under the U.S. immigration laws that allow foreign entrepreneurs, business owners, and startup founders to establish and grow a business in the U.S.

Therefore, an experienced immigration lawyer must navigate the complex requirements of various visa categories to determine how their foreign entrepreneur client may fit within a specific visa category, allowing them to operate a business in the United States.

This Entrepreneur Visa Guide will discuss various nonimmigrant and immigrant visa options available to entrepreneurs and startup founders.

There are multiple temporary and permanent U.S. visa options available to promising international entrepreneurs. Each visa has different criteria and requirements, and it is important to determine which option is appropriate for you. Contact our entrepreneur visa lawyer to evaluate which entrepreneur visa might be right for you and learn how to apply for a relevant entrepreneur visa.

Temporary Nonimmigrant Visas For Entrepreneurs Include:

E visas for entrepreneurial investors and traders
L1 visas for intracompany transfers

O1 visas for entrepreneurs with extraordinary ability
TN visas for Canadian and Mexican entrepreneurs

H1B visa for entrepreneurs and startup companies
International Entrepreneur Parole (technically, not a visa)

Immigrant Visas (“Green Cards”) For Entrepreneurs Include:

EB-1A for extraordinary entrepreneurs
EB-2 National Interest Waivers (EB-2 NIW) for entrepreneurs
EB-5 (another option, but not discussed in this guide)

E Visas for Entrepreneurs

The best entrepreneur visa might be an E visa. The E, treaty trader and treaty investor, nonimmigrant visas are available to entrepreneurs who are citizens of countries with which the United States maintains a treaty. Entrepreneurs can apply for an E visa to travel to the United States to cultivate and expand trade between the U.S. and their country of nationality (E-1 visa) or establish and invest in a U.S. business (E- 2 visa).

A clear advantage of an E visa for entrepreneurs is that it can be renewed for an indefinite period and does not have numerical limitations, therefore, allowing entrepreneurs to operate their U.S. businesses without considerable restrictions.

The initial requirements for both E-1 and E-2 visa are:

a qualifying treaty must exist between the United States and the E visa applicant’s country of nationality;
individual or business applying for an E visa must possess the nationality of the treaty country; and
E visa applicant must intend to depart the United States upon the termination of their E status.

E-1 Visa for Entrepreneurs in Trade

An entrepreneur applying for an E-1 Treaty Trader visa must be coming to the United States to engage in substantial trade (services and technology) in qualifying activities, principally between the United States and their treaty country.

The trade volume and monetary value of transactions prove whether the trade is “substantial.”

For trade to be principally between the United States and the treaty country, the trade should be over 50% of the total volume of international trade.

Trade must constitute an exchange, which is an actual exchange of qualifying things and must be traceable and identifiable. In addition, trade must be international in scope, involve qualifying activities, and already be in progress.

E-2 Visa for Entrepreneurial Investors

An E-2 Treaty Investor visa is for foreign national entrepreneurs coming to the United States to develop and direct the operations of the U.S. enterprise in which the entrepreneur has invested in or is in the process of investing a substantial amount of capital.

The funds invested into the U.S. business must be in the possession and control of the E-2 entrepreneur applicant, at risk, and the commitment of the investment funds must be real and irrevocable. The source of E-2 investment funds can be derived from the entrepreneur’s savings, gifts, inheritance, winnings, loans collateralized by the entrepreneur’s own assets, and other legitimate sources.

The U.S. business must be real and operating at the time of the E-2 application submission. An existing business must be providing a service or a commodity, while a new business must show it will provide a service or commodity. The E-2 business cannot be speculative, and it should be operated for profit. The business should not be marginal. It must have the present or future capacity to generate income that will provide more than just an income for the entrepreneur investor and their family.

L-1 Entrepreneurs

The L-1 intracompany transferee visa is a good and efficient option for multinational companies seeking to establish or expand their presence in the United States.

Many people mistakenly believe that an L visa is meant for multi-million-dollar multinational corporations. The L-1 visa might be one of the best visas for entrepreneurs because the L-1 visa category could be an excellent option for small and medium-sized companies whose owners, executives, and managers want to come to the U.S. to start a business.

The L-1 visa category has no minimum investment or capital requirements. Furthermore, it does not require hiring a certain number of U.S. employees. In fact, USCIS will grant one year to foreign nationals to open an office in the U.S. and start operations of a U.S. business.

By the end of that initial one-year period, the foreign national must show that the U.S. business is functioning and moving forward with its business strategy. Furthermore, the employment of U.S. employees is a plus. Also, an L-1 executive or manager has to show that he/she is actually working in an executive or managerial capacity. That may include managing direct employees, independent contractors, or individuals working at other companies holding executive, managerial or professional positions. A well-prepared L1 petition is a necessity.

The primary L1 visa requirements are as follows: An L-1 visa is available to an executive or manager or someone with specialized knowledge who is being transferred from a foreign entity to a U.S. branch, affiliate, or subsidiary. In addition, the L1 applicant must have been working for a qualifying organization abroad for one full year within the 3 years immediately before their L1 application.

The U.S. entity/petitioner must be part of a qualifying organization transferring an employee from their entity abroad to a U.S. entity. The qualifying organization must be the U.S. or foreign firm, corporation, or other legal entity. The organization must be doing business as an employer in the U.S. and in at least one other country through a relationship described in the regulations, such as parent, branch, subsidiary, or affiliate.

The overseas entity must be actively doing business. In addition, the U.S. company must serve as the employer to the L-1A applicant, including control and authority over the employee.

If establishing a new office in the U.S., an L-1 visa is initially valid for one year. Other L-1 visa holders may stay initially for up to three years and can receive extensions.

L-2 spouses qualify for independent work authorization. This employment authorization sets up an exciting option to pursue an entrepreneurial venture.

O-1A Visas for Entrepreneurs with Extraordinary Ability

O-1A is another nonimmigrant work visa available to entrepreneurs with extraordinary ability in the business, sciences, education, or athletics.

To be eligible, the entrepreneur must show that they have sustained national or international acclaim in their industry. Also, the entrepreneur must prove that they are one of a small percentage who have risen to the very top of their field of expertise.

To establish extraordinary ability, the entrepreneur must show a major internationally recognized award (such as the Nobel Prize) or meet at least 3 of the following eight criteria:

Receipt of lesser nationally and internationally recognized prizes or awards for excellence in the field of endeavor (such awards may include investments, grants, “best of” nominations, etc.);
Membership in associations in the industry that require outstanding achievements of their members, as judged by experts in the field (this may include membership in prestigious accelerators or incubators, membership on the board of directors of significant companies or organizations);
Published materials about the individual in professional or major trade publications or other major media;
Judging the work of others individually or as part of a panel (this may include requests to serve as an expert mentor and judge of startups, peer-reviewer of articles to be published, serving on discussion and advisory panels, etc.);
Original contributions of major significance in your field (this is a flexible criterion that could apply to many significant original contributions depending on the facts, including uniqueness and popularity of an app, patents that are used by influential companies or relied on by others, a high number of citations of scholarly articles, unique service or product as confirmed by a large number of clients or significant contracts, etc.);
Authorship of scholarly articles in the field, as published in professional or major trade publications or other major media;
Serving in a critical or essential capacity for organizations or establishments that have a distinguished reputation (for example: being a co-founder and CEO of a company that has reached a certain level of success as established through investments, profits, significant contracts, major clients, etc.); and/or
Commanding a high salary or other significantly high remuneration for services, as compared to others in the field.

Tip: The entrepreneur can also provide testimonial letters from others in the field to prove their success and important contributions to their field.

While establishing extraordinary ability can be challenging for some, startup entrepreneurs might become eligible over the next few years. For example, starting a business based on new and distinctive technology and demonstrating the startup’s ability to create jobs in the U.S. may help meet two criteria for O1 entrepreneurs. Furthermore, the entrepreneur can act as an expert mentor, write articles that are published, present at conferences, and judge the work of others. All these actions encompass the criteria needed to qualify for the extraordinary ability test for an O-1 visa.

There are many benefits to the O1 visa, which makes it one of the best visas for entrepreneurs.

Unlike the H-1B category, the O-1 visa doesn’t have annual numerical restrictions and doesn’t require a minimum degree. Furthermore, an O1 visa doesn’t have salary requirements, which can be a great advantage for startups that do not yet have a revenue stream. O-1 visa also does not require specific citizenship, unlike the E-2 visa, and is not restricted to Canadians or Mexicans, such as the TN. Furthermore, an O-1 visa does not require prior employment, such as L-1 visas.

Furthermore, the O-1A category does not require the entrepreneur to show a substantial investment into a U.S. startup or require ownership interest in the company. This visa strategy works well for foreign nationals who may not have majority ownership in the U.S. startup or do not plan to provide substantial investment in the business.

On the other hand, O1 visa category does allow O1 entrepreneurs to be the majority shareholder. Please note that the O-1 regulations do not allow for self-employment / self-petitioning. If the foreign entrepreneur owns more than 50% of the company, he or she will need to show a valid employer-employee relationship through the independent board of directors or some other version of the employer/employee relationship.

O-1 visas are granted for an initial period of up to 3 years. However, there is no limit on extensions. O1 extension with the same employer and for the same position will be granted in increments of one year at a time. However, O-1 extensions for a new employer or a new event/position/etc. can be granted for a period of 3 years again.

O-1 visa also allows dual intent. Therefore, an entrepreneur does not have to keep a foreign residency. Furthermore, filing for permanent residency (“green card”) does not disqualify them from receiving an O visa.

Another attractive benefit of an O-1 visa, an individual who has qualified for an O-1 visa may qualify for permanent resident status based on extraordinary ability (EB-1A) or national interest waiver (EB-2 NIW).

TN Visas for Canadian And Mexican Entrepreneurs

The TN visa is for Canadian and Mexican citizens entering the U.S. to work in one of the professional occupations listed in the NAFTA (North American Free Trade Agreement).

Canadian and Mexican professionals in various fields, including accounting, law, information technology, engineering, finance, marketing, graphic design, etc., frequently use TN to work in the United States.

The TN visa can be quick and easy to obtain. Canadian entrepreneurs can present at the US border with a brief letter and supporting evidence outlining the company, the position, and the entrepreneur’s qualifications.

Mexican entrepreneurs will follow the same application process and present the same information. However, they will need to schedule an appointment at a US consulate instead of presenting at the border.

The benefit of a TN visa is that there is no annual limit on the number of TN visas. In addition, the entrepreneur can get up to a three-year work permit that can be renewed indefinitely.

TNs can be straightforward and cheap if you have a job offer from a US company and a bachelor’s degree in one of the fields listed in the NAFTA regulations at 8 CFR § 214.6.

TN visas for startup owners

It gets trickier if you are or will be an owner of a startup.

NAFTA specifically prohibits “self-employment” for TNs. That poses problems for entrepreneurs or recent US university graduates who want to start a business in the United States.

The NAFTA regulations do not define “self-employment.” However, an “employer” under NAFTA can either be a US company or a Canadian or Mexican company with a written agreement to provide professional services to a US entity.

So, how does this scenario work out for startup founders? For example, the entrepreneur forms a Canadian corporation. Furthermore, the entrepreneur co-founds a US company. Then, the entrepreneur’s Canadian company enters into a professional service agreement (such as software consulting services) with their US startup. In this case, the TN application would consist of the contract for the services, the job offer on the Canadian company’s letterhead, information about the Canadian company, and the applicant’s educational and work experience proof.

If the ownership of a Canadian entity is not feasible, the prohibition against self-employment for TN entrepreneurs may also be resolved through:

A formal board of directors, where the TN applicant has only one of at least three board seats (but more board seats would be beneficial); or
A signed employment agreement stating that the majority of the board can fire the TN applicant.

Please note that USCIS has generally accepted these strategies in the context of the H1B and O1 entrepreneurs. An argument could be made that entrepreneurs with similar employer-employee arrangements should qualify for TN status.

Degree Requirements for TN Applicants

Some NAFTA occupations require a minimum of a bachelor’s degree to qualify for TN. Other TN positions require a specific degree or post-secondary diploma plus experience (such as a computer systems analyst). Nonetheless, NAFTA regulations provide some opportunities for both degreed and non-degreed applicants to obtain a TN visa.

NAFTA allows an applicant possessing a degree in a similar field to qualify for TN status under certain circumstances. For example, a Mexican professional may seek to fill a graphic designer position for a US company. However, the applicant’s degree is in visual arts and not graphic design. NAFTA occupations do not list the visual arts degree for a graphic designer. However, an evaluation of the person’s degree transcript may establish that the applicant took classes where the knowledge gained could be used to perform graphic design work. Thus, a TN application could be made.

H1B Visa for Entrepreneurs and Startup Companies

An H-1B visa for entrepreneurs has its pluses and minuses. For those who qualify, it could be a straightforward and cheapest entrepreneur visa option.

Furthermore, an H-1B visa allows for “dual intent,” which eases travel restrictions for those applying for immigrant visas (“green cards”). An entrepreneur also has the flexibility of holding concurrent H-1Bs.

Importantly, spouses and other dependent family members do not receive work authorization in H-4 status, but they may study.

An H- 1B visa is initially valid for up to three years and can be extended for up to six years.

Here are the reasons why planning ahead is vital for entrepreneurs considering H-1B visa, which is why we placed the H-1B visa towards the bottom of our preferred visas for entrepreneurs.

For starters, an H-1B visa requires an employer-employee relationship, and a U.S. employer must sponsor the H-1B visa. That makes it challenging for entrepreneurs who are majority or sole owners of U.S. startups. However, there are solutions for demonstrating the qualifying employer-employee relationship in the context of potential H-1B entrepreneurs. To meet the employer-employee requirement, the H-1B petition must establish a distinction between the entrepreneur’s company ownership and control over their employment. The company’s controlling interest over the entrepreneur’s employment may be established through evidence of a separate board of directors or other external factors (such as other investors/ shareholders) showing the right to control the terms and conditions of the entrepreneur’s employment.
In addition to proving a legitimate employer-employee relationship, an H-1B visa petition must demonstrate that the job is in a “specialty occupation” that requires the skills and knowledge of an individual holding a bachelor’s degree or its equivalent. Potential issues an entrepreneur of a new startup company may encounter is a lack of prior employees in the same or similar positions requiring a bachelor’s degree or equivalent, as well as possibly an unclear picture of their actual job duties. Thus, it may be a challenge to meet the specialty occupation requirement.
The H-1B visa also includes salary and worksite requirements to protect the H-1B worker and similarly employed U.S. workers. For some entrepreneurs, the salary and other worksite requirements may be quite expensive during the initial years of business growth. It is common for entrepreneurs to forgo a salary while developing and growing their businesses. However, if the entrepreneur is in H-1B status, they must receive appropriate wages. Also, the company must maintain documentation of continued pay and employment.
Moreover, there is a limit of about 85,000 on the number of new H-1B visas that can be issued each year. Therefore, the applicant will have to play in the H-1B lottery and have about a 30% chance of selection. Institutions of higher education, affiliated nonprofits, and research organizations are exempt from this quota.

International Entrepreneur Parole

International Entrepreneur Parole (IEP) was first launched in 2012, but has rarely been used by entrepreneurs before May 2021. The IEP requirements are outlined at 8 CFR §212.19.

Parole can be granted for up to 30 months with the possibility of a thirty-month extension. Employment is incident to the entrepreneur’s IEP status.

Importantly, International Entrepreneur Parole is only a temporary period of parole into the United States – it does not lead to permanent residence, nor is it nonimmigrant status or a visa. Generally, IEP would only be a last-option alternative to an entrepreneur who does not otherwise meet the requirements for an H, E, L, TN, or O visa, or who would not qualify for an EB-1A, EB-2 NIW, or work authorization through their spouse’s status.

Generally, the International Entrepreneur Parole requirements are:

The applicant holds a substantial ownership interest in the startup entity (at least 10%);
The applicant will have an active and central role in the operations and is well-positioned to substantially assist the entity with the growth and success of its business;
The entity was formed in the United States within the five years immediately preceding the filing date of the initial parole request;
The entity received a qualified investment of $264,147 or more from qualified investors within the 18 months immediately before the filing of an application for initial parole; or

5.The entity received, within the 18 months immediately before the filing of an application for initial parole, at least $105,659 in qualified government awards or grants; or

The entity has partially satisfied one or both of the criteria above, in addition to other reliable and compelling evidence of the startup’s substantial potential for rapid growth and job creation.

What is Substantial Growth? USCIS will consider the following factors:

The number of users, customers, and revenue generated by the startup, and by additional investments or fundraising, including any obtained through crowdfunding platforms;
Social impact of the startup;
National scope of the startup;
Positive effects on the startup entity’s locality or region;
The Entrepreneur’s academic degrees;
The Entrepreneur’s prior success in operating startup entities as demonstrated by patented innovations, annual revenue, job creation, or other factors;
Selection of the startup entity to participate in one or more established and reputable startup accelerators or incubators; and
Any other reliable and compelling evidence that the startup entity has substantial potential for rapid growth and job creation.

NOTE: The investment amount is automatically adjusted by the Consumer Price Index for All Urban Consumers (CPI-U) every three years. The amounts increased as of October 1, 2021. Check the USCIS website for the correct investment amounts.

EB-1A: Extraordinary Ability for Entrepreneurs

Entrepreneurs may qualify for U.S. permanent residence through the first preference category as an “alien of extraordinary ability,” referred to as EB-1A.

The EB-1A petition is optimal for an entrepreneur as it can be self-sponsored and does not require the sponsorship of a petitioning employer. Furthermore, EB-1A does not require an underlying labor certification application (PERM). Thus, the entrepreneur’s ownership of his or her own business does not present the same immigration challenges that exist in categories such as EB-2 or EB-3, where a controlling interest in the startup would be problematic. Moreover, the EB-1A category normally remains “current” and not-backlogged for visa availability purposes, with only minimal visa backlogs occurring in recent history.

Even though the EB-1A category is flexible and faster than other immigrant categories, the burden placed on the applicant is very high – has the entrepreneur applicant reached the very top of their field of expertise?

EB-1A Requirements

The entrepreneur must have (1) extraordinary ability in the business, sciences, education, athletics, or arts; (2) which has been demonstrated by “sustained national or international acclaim”; and (3) whose achievements have been recognized in the field through extensive documentation. The entrepreneur also must continue to work in their field of expertise in the US.S., and their entry must substantially benefit the United States in the future.

TIP: Sometimes it is helpful to narrow the field of expertise down as much as possible to be able to show the entrepreneur has reached the top of their field. For example, if an entrepreneur tried to establish that they were at the very top in the “business” field, it would be rather hard as the field is so broad and encompasses 100s of areas and 1000s of people. Therefore, narrowing down the entrepreneur’s field of expertise to, for example, “business with an emphasis on software development” can make it easier to establish an entrepreneur’s top standing in their specific field and compare them to a more narrow field of individuals in their industry.

As with the O-1 visa, the EB-1A entrepreneur can show evidence of a one-time major achievement or award, or the entrepreneur can meet 3 of the 10 enumerated criteria.

Most applicants won’t have the luxury of presenting a one-time achievement award of major significance like a Nobel Prize. Therefore, we will focus on other eligibility criteria:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence. For this criterion, not only awards given to entrepreneurs may count, but also awards or prizes given to any of the startups or other important companies/organizations where the entrepreneur held a significant role.
Membership in associations in the field which demand outstanding achievement of their members. Consider important associations where the entrepreneur is invited as a member. Board memberships are common for entrepreneurs and would qualify under this criterion. Roles in prestigious incubators could also count here.
Published material in professional or trade publications or other major media. The publication could be about the entrepreneur as well as their work product or company.
Evidence that the entrepreneur has been asked to judge the work of others, either individually or on a panel. Has the entrepreneur been involved in incubators, or have they been asked to join a Board? These are viable examples of judging the work of others.
Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. Every single EB-1A application should go after this criterion. This is the applicant’s chance to explain, through recommendation letters from experts in the field or other evidence, why their work is significant and how it will benefit the U.S.
Evidence of authorship of scholarly articles in professional or major trade publications or other major media. If the entrepreneur has authored any articles in publications, they should be included. This is a big category for EB-1A applications in the medical or research fields.
Evidence that the entrepreneur’s work has been displayed at artistic exhibitions or showcases. Has the entrepreneur been invited to participate in important industry podcasts? Has the startup entity been featured at conferences or trade shows?
Evidence of entrepreneur’s performance of a leading or critical role in distinguished organizations. Present recommendation letters about critical and key roles at previous companies or your current startup. Present information on why those organizations are distinguished.
Evidence that the entrepreneur commands a high salary or other significantly high remuneration in relation to others in the field.
Evidence of your commercial successes in the performing arts. This might not be as relevant to most entrepreneurs, but it could be relevant to an artistic entrepreneur.

Tip: It is acceptable to use the same sorts of evidence in multiple criteria if they fit. Also, it might be a good strategy for an entrepreneur to hire a PR firm to help market themselves and/or their companies. Getting significant interviews or articles in magazines like Forbes, Entrepreneur, Bloomberg Business Week, Fortune, Wired, etc., could strengthen an EB-1A case.

USCIS will review each of the criteria to determine if the entrepreneur meets at least three of the above criteria but then will conduct a “final merits determination” to decide whether the entrepreneur reaches the standard of “sustained national or international acclaim” under the totality of the circumstances. The entrepreneur must show that, taken together, all of the evidence demonstrates that the entrepreneur has sustained national or international acclaim.

Tip: Focus on the importance of the entrepreneur’s work and successes, financial success from startup endeavors, board memberships and/or incubator involvement, press and media (not just individually but also about their startups), presence at international events, trade shows, and conferences, important podcasts, and media, etc.

EB-2 National Interest Waivers for Entrepreneurs

Entrepreneurs also may qualify for a second preference immigrant petition called the “National Interest Waiver” (EB-2 NIW). This is a second preference category petition, which allows self-sponsorship.

EB-2 NIW Requirements

First, the entrepreneur must qualify for the EB-2 category, and then the entrepreneur must qualify for the National Interest Waiver.

To qualify for an EB-2 category, the entrepreneur must have either (1) an advanced degree, and the position is typically filled by someone with an advanced degree, or (2) have exceptional ability in the sciences, arts, or business.

The NIW petition also requires a showing that:

The applicant’s proposed endeavor has both substantial merit and national importance.
The applicant is positioned well to advance the proposed endeavor.
It would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification.

USCIS recently updated its Policy Manual reflecting the standards for entrepreneurs to meet the NIW requirements. USCIS recognized that there might be unique evidence submitted by entrepreneurs who oftentimes have ownership over their businesses, who maintain an “active and central role” over their enterprises, and who possess “knowledge, skills or experience” that would “significantly advance the proposed endeavor.

Specifically, USCIS outlined special criteria that entrepreneurs can use to qualify for the three-pronged NIW test outlined above:

Evidence of Ownership and Role in the U.S.-Based Company (Entity). The entrepreneur’s special skills in leading the company show how he or she is uniquely qualified to continue leading the company and, thus, that the entrepreneur is well-positioned to advance the proposed endeavor.
Degrees, Certifications, Licenses, Letters of Experience. Successfully leading prior startups or having a combination of relevant degrees and experience ready the entrepreneur to advance the proposed endeavor.
Investments. An investment, commitment to invest, or other evidence demonstrating a future intent to invest in the entity by an outside investor such as angel investors or VCs and consistent with the amount of funding for this type of business shows that the applicant is well-positioned to advance the proposed endeavor.
Incubator or Accelerator Participation. USCIS may consider evidence of an entrepreneur’s admission into an incubator or accelerator program as an endorsement of the entrepreneur’s proposed plan or past track record and the applicant being well-positioned to advance the endeavor.
Awards or Grants. Relevant awards or grants may come from federal, state, or local government entities with expertise in economic development, research and development, or job creation. Also, awards or grants may be given by other entities, such as policy or research institutes. Grants or awards show the proposed endeavor has both substantial merit and national importance.
Intellectual Property. Relevant patents held by the entrepreneur or one of the entrepreneur’s current or prior startups, accompanied by documents showing why the intellectual property is important to the field or entrepreneur’s endeavor, may serve as evidence of the entrepreneur’s prior success and potential progress toward achieving the endeavor.
Published Materials about the Entrepreneurs, the Entrepreneur’s U.S. Entity, or both can also show substantial merit and national importance.
Revenue Generation, Revenue Growth, and Job Creation. Appropriate growth metrics may support that the proposed endeavor, the entrepreneur’s startup, or both have substantial merit or that the entrepreneur is well-positioned to advance the proposed endeavor.

In its Policy Manual update, USCIS also recognized that entrepreneurs might operate in various high-tech or cutting-edge industries which have their own industry or technology experts that provide various forms of peer review.

Entrepreneur Visa Lawyer

Our DC entrepreneur visa attorney can help you determine what type of entrepreneur or startup visa your may qualify for. Further, our DC entrepreneur visa attorney will assist you with collecting all necessary information and documents, will prepare all necessary forms and submit the application to the appropriate agencies.

Furthermore, our Washington, DC entrepreneur visa attorney is dedicated to assisting professionals, entrepreneurs, startups, and company owners with their visa needs from all 50 states and worldwide.

Our knowledgeable and dedicated DC entrepreneur visa attorney offers a wide variety of employment visa services. We understand that application process can be stressful and complicated. Our job is to provide you with guidance and representation during this complicated process.

Call or email our office to schedule your case evaluation with the startup visa lawyer in Washington DC and get your business visa application process started today.