How to Get Business Approval for Your Startup in America

Some paths require that you hold a specific role or position inside the start-up entity. The International Entrepreneur Rule mandates that you play a central and active role in operations. E-2 requires you to be able to build and direct the enterprise. L-1A Intracompany Transferee Executive or Manager requires you to hold a managerial or executive role. The H-1B Specialty Occupation requires you to work in a field linked to your degree. Other options, such as the O-1A nonimmigrant classification or the EB-1A first-preference immigrant visa classification, are for people with exceptional abilities who must continue to work in their field of competence. Additional paths are described in detail below.

What are the prerequisites for the start-up entity

Some paths contain criteria for the startup entity. For example, the International Entrepreneur Rule mandates that the entity conduct business legitimately in the United States and be founded within five years after the first application. It must also have a high potential for quick expansion and job generation. The L-1 nonimmigrant visa classification requires the new office to have a qualifying relationship (parent, subsidiary, or associate) with a foreign company that has employed you overseas for at least one year. Additional needs are described in detail below.Do I have the necessary education, experience, or skills to qualify?

Some categories, such as the O-1A nonimmigrant visa classification and the EB-1A immigrant visa classification, are reserved for individuals with "extraordinary ability." These require a person to maintain national or international renown in their field of competence. Others, such as the H-1B visa, require at least a U.S. bachelor's degree in a certain specialty or its equivalent connected to the position.Will I work in the United States permanently as a lawful permanent resident, or only temporarily as a parolee or nonimmigrant?Some chances enable persons to gain lawful permanent resident status in the United States. Permanent resident status permits you to live and work in the United States indefinitely and usually provides a path to citizenship. These options are referred to as "immigrant" pathways.

Other options, such as parole or nonimmigrant status, enable you to temporarily reside and work in the United States

Although some of these nonimmigrant methods cannot be prolonged indefinitely, they can provide additional time to demonstrate eligibility for the permanent residence road.Summary of Entrepreneur Employment Opportunities in the United States: - Nonimmigrant or Parole (Temporary) PathwaysFor additional information, please check our Nonimmigrant or Parole (Temporary) Pathways to Entrepreneur Employment in the United States page.International Entrepreneur RuleThe start-up business must be structured and legally operating in the United States, and it must have been formed within the five years prior to your initial application. It must also have a high potential for quick expansion and job generation.You must have considerable ownership, which USCIS defines as at least 10% for initial parole and 5% for re-parole.You must play an integral and active role in the operations.Up to 30 months of first parole, with the option to apply for one extra period (re-parole) of 30 months.

B-1Temporary Business VisitorA B-1 visitor visa may be appropriate if the entity has not yet been constituted.A B-1 visitor may travel the United States to seek money or office space, negotiate a contract, or attend specific business meetings related to the start-up of a new enterprise. However, a B-1 visitor is not permitted to work for or operate a previously existing U.S. corporation. Similarly, a B-1 visitor may not establish or work for a new firm in the United States.Up to six months (minimum of one month) for the initial stay; up to six months for extension of stay; the maximum total duration permitted in B-1 status on any single trip is one year.E-2nvestors in Treaty Countries

You must invest a significant amount of capital and hold at least 50% ownership or operational control

The investment enterprise may not be marginal. A marginal enterprise is one that lacks the current or future capacity to create more than enough money to provide a basic living standard for you or your family within five years.You must create and manage the investing business.Up to two years of initial permission plus two year renewals, with no maximum term of status and no yearly numerical restriction.F-1 OPTOptional Practical Training (OPT).A student with F-1 student status may start a business. However, in order to be eligible for a STEM OPT extension, the start-up firm must be an E-Verify-compliant employer, sign a training plan (F-1 students are not permitted to offer employer attestations), and have the resources to implement the training plan.You must complete tasks closely relevant to your major field of study.Up to 12 months of OPT (post-completion OPT will be lowered by any pre-completion OPT received), plus a 24-month STEM OPT extension (total 36 months).H-1BSpecialty occupationYou may have an ownership stake in the petitioning entity. In general, the entity must file the petition as your employer.Your profession must entail the theoretical and practical application of a body of highly specialized knowledge, as well as the completion of a bachelor's or higher degree (or its equivalent) in the relevant specialization as a minimum requirement for entrance into the occupation in the United States.The initial approval period is three years, with extensions for up to three years.Extensions beyond the six-year limit may be allowed for those pursuing lawful permanent resident status.The annual statutory cap requires a random selection method to determine which petitions can be filed for the initial H-1B season (unless exempt). The H-1B extension petitions are not subject to the cap.