Transition from L-1 Visa to Investor Visa: Starting a Business in the US

If you're on an L-1 visa and planning to start a business in the US, you might be wondering if you can transition to an investor or entrepreneur visa category. While it is possible, you'll need to meet specific criteria for the investor visa category. Seek professional guidance to understand the requirements and successfully navigate the process.

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By Visa Verge - Senior Editor 9 Min Read

Key Takeaways:

Summary:

  1. Understand the L-1 Visa: The L-1 visa allows international companies to transfer employees, but it is not meant for starting businesses.
  2. Investor Visa Options: The E-2 Treaty Investor Visa and EB-5 Immigrant Investor Program are pathways for entrepreneurs to start businesses in the US.

  3. Steps to Transition: Know the visa requirements, create a comprehensive business plan, seek legal counsel, and prepare application materials.

Transitioning from L-1 Visa to Entrepreneur Visa in the US

Are you on an L-1 visa and considering taking the entrepreneurial plunge in the United States? Many ambitious individuals come to the U.S. with a dream of starting their own businesses after gaining valuable work experience. If you’re wondering how to make that leap from an L-1 visa holder to an entrepreneur, this post will guide you through the process of transitioning to an investor visa category.

Understanding the L-1 Visa

Before exploring how to start a business in the US, it’s essential to understand the nature of the L-1 visa. The L-1 visa permits international companies to transfer executives, managers, or specialized knowledge employees to a U.S. branch, parent, subsidiary, or affiliate office. This visa is a non-immigrant visa, which means it’s not directly designed for permanent residency or entrepreneurial pursuits.

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The Path to Starting Your Own Business

Once you’re in the U.S. under an L-1 visa, the longing to start a business can grow. The transition to an investor visa category is a critical step in making your business ownership dream a reality. Let’s look at the options available for aspiring entrepreneurs:

Investor Visa Categories: The Gateway to Your Business Dream

  1. E-2 Treaty Investor Visa:
    This visa is an excellent option for individuals from countries with which the U.S. maintains a treaty of commerce. To qualify, you must:
    • Invest a substantial amount of capital.
    • Be seeking entry solely to develop and direct the investment enterprise.

    More details on the requirements can be found on the U.S. Citizenship and Immigration Services (USCIS) website.

  2. EB-5 Immigrant Investor Program:
    If you’re looking to not just start a business but also seek a path to U.S. citizenship, the EB-5 program might be the right fit. You must:

    • Invest $1.8 million ($900,000 in targeted employment areas).
    • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.

    The EB-5 program is explained in more depth at USCIS’s EB-5 page.

Steps to Take When Moving from L-1 Visa to Investor Visa

  • Understand the Requirements: Each investor visa category has its own set of rules and investment thresholds. It’s crucial to fully understand these requirements before proceeding.

  • Plan Your Investment: Draft a comprehensive business plan that not only satisfies visa requirements but also sets you up for success in the U.S. market.

  • Seek Legal Counsel: Immigration laws can be complex. Engage with a qualified immigration attorney to guide you through the process and ensure all legal criteria are met.

  • Prepare Your Application: Gather necessary documents, evidence of investment, and business plans needed for the application. Your attorney can assist with this step as well.

Conclusion

Transferring from an L-1 visa to an investor visa category involves careful planning and adherence to U.S. immigration policies. By understanding your options and requirements, you can strategically position yourself to start a business in the US. With the right guidance and preparation, the transition can be a significant step toward achieving your American entrepreneurial dream.

Remember, the journey from being on an L-1 visa to establishing your own business in the U.S. can be challenging, but with determination and the correct information, it’s a journey that can lead to great rewards. Consider all your options, stay informed, and don’t hesitate to reach out to professional advisors to help navigate this exciting next step in your career.

So there you have it, my friend! Transitioning from an L-1 visa to an entrepreneur visa in the US is like leveling up in the game of business. The E-2 Treaty Investor Visa and EB-5 Immigrant Investor Program are your golden tokens to make that dream a reality. Just remember to dot your I’s and cross your T’s, and if you need more detailed info, check out visaverge.com. Happy entrepreneurial adventures!

FAQ’s to know:

FAQ 1: What is an L-1 visa and can I start my own business on this visa?

Answer: The L-1 visa allows international companies to transfer executives, managers, or specialized knowledge employees to a U.S. branch, parent, subsidiary, or affiliate office. However, this visa is not directly designed for permanent residency or entrepreneurial pursuits. It is primarily for intra-company transfers. To start your own business, you would need to transition to an investor visa category.

FAQ 2: What are the options available for entrepreneurs transitioning from an L-1 visa to an investor visa category?

Answer: There are two main options for entrepreneurs transitioning from an L-1 to an investor visa category in the U.S.:

  1. The E-2 Treaty Investor Visa: This visa is suitable for individuals from countries with which the U.S. has a treaty of commerce. To qualify, you must invest a substantial amount of capital and be seeking entry solely to develop and direct the investment enterprise.
  2. The EB-5 Immigrant Investor Program: This program offers a path to U.S. citizenship alongside starting a business. To qualify, you must invest $1.8 million ($900,000 in targeted employment areas) and create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.

FAQ 3: What steps should I take when transitioning from an L-1 visa to an investor visa category?

Answer: When transitioning from an L-1 visa to an investor visa category, it’s essential to:

  1. Understand the requirements: Each investor visa category has its own set of rules and investment thresholds. Make sure you fully understand these requirements before proceeding.
  2. Plan your investment: Create a comprehensive business plan that not only satisfies visa requirements but also positions your business for success in the U.S. market.

  3. Seek legal counsel: Immigration laws can be complex, so it’s advisable to engage with a qualified immigration attorney who can guide you through the process and ensure compliance with all legal criteria.

  4. Prepare your application: Gather the necessary documents, evidence of investment, and business plans required for the visa application. Your attorney can assist with this process.

By following these steps and seeking professional guidance, you can strategically position yourself to start your own business in the U.S. and work towards achieving your American entrepreneurial dream.

What did you learn? Answer below to know:

  1. Which visa category is suitable for individuals from countries with a treaty of commerce with the US?

– A) EB-5 Immigrant Investor Program
– B) L-1 Visa
– C) E-2 Treaty Investor Visa
– D) H-1B Visa

  1. What is the minimum investment requirement for the EB-5 Immigrant Investor Program?

– A) $1.8 million
– B) $900,000
– C) $1 million
– D) $2 million

  1. What are the steps to take when transitioning from an L-1 visa to an investor visa category?

– A) Understand the requirements, seek legal counsel, and prepare your application
– B) Complete an online form and pay the application fee
– C) Acquire a US citizenship test
– D) Notarize your business plan and financial documents

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