Expanding your business to the U.S. is not just about growth, it’s about unlocking new markets, funding opportunities, and a path to permanent residency. If you're a tech founder, investor, or industry leader, there’s a visa pathway for you to build your American success story.

But with multiple visa options, how do you know which one fits your goals? This guide breaks down the fastest and most strategic routes for entrepreneurs moving to the U.S.

O-1A: The Visa for Successful Business People

The O-1A visa is a temporary work visa for entrepreneurs, executives, and industry leaders with extraordinary ability in their field. It requires a U.S. employer (your own company may be your sponsor) and is valid for up to three years, with indefinite one-year extensions. Unlike the EB-1A Green Card, O-1A is a non-immigrant visa and does not provide permanent residency.

To qualify, applicants must meet at least 3 out of 8 criteria:

1. Awards
2. Press and media recognition
3. Membership in professional associations
4. Judging the work of others in the industry
5. Contribution to the industry
6. A leading or critical role in a reputable organization
7. Commercial success (e.g., high income or revenue)
8. Academic or industry publications

Case Study: An entrepreneur in the billiards industry secured an O-1A visa despite not meeting the commercial success criterion. His approval was based on media recognition, industry contributions, academic publications, and a critical leadership role — proving that a strong case can succeed even without financial metrics.

L-1: For Business Owners and Executives that Want to Expand into the U.S.

If you already run a successful company outside the U.S., the L-1 visa allows you to expand, launch a U.S. branch, and work as an executive, while paving the way for a Green Card via EB-1C.

Who it’s for:

• Business owners looking to open a U.S. subsidiary
• Executives managing global operations

Example: CEO of IT companies in India and the U.S. secured an L-1 visa to expand his business. His companies provide Salesforce, Java, and IT solutions to U.S. businesses.

Key Requirements:

• The foreign company must be active and operational for at least one year.
• The applicant must have worked in a managerial or executive role for at least one year in the past three years.
• The U.S. entity must have a physical office and a plan to hire employees.

E-2: The Visa for Small-to-Medium Investors

The E-2 visa allows entrepreneurs from treaty countries to invest in and operate a U.S. business. While it does not directly lead to a Green Card, it can be renewed indefinitely as long as the business remains viable.

Requirements:

• Must be from an E-2 treaty country
• Invest $100,000+ in a U.S. business
• A 5-year business plan demonstrating how the company will grow.

EB-1A: A Green Card for Established Entrepreneurs

The EB-1A visa grants a Green Card to professionals with sustained international recognition. Unlike O-1A, it does not require employer sponsorship and leads to permanent residency.

Applicants must meet at least 3 out of 10 criteria, which are similar to O-1A but have stricter evidentiary standards. The two additional criteria apply specifically to those in arts and entertainment.

Case study: An entrepreneur in the perfume industry received an EB-1A Green Card based on his "Entrepreneur of the Year" award, media features in top publications, authorship of a leading industry book, and a judging role in a major business award. With his approval, he now plans to expand his perfume brand in the U.S.

​​Which One to Choose?

• O-1A is best for those who need a faster entry into the U.S.
• EB-1A is ideal for those who qualify for permanent residency.

Many start with O-1A and transition to EB-1A as they build their case.

EB-2 NIW: Visa for Visionary Entrepreneurs

The EB-2 NIW (National Interest Waiver) allows entrepreneurs to obtain a Green Card without employer sponsorship if their business contributes significantly to the U.S. economy and society.

Who qualifies:

• Tech innovators (AI, fintech, cybersecurity)
• Entrepreneurs creating jobs and economic growth
• Industry leaders in education, healthcare, and energy

Example: The CEO secured an EB-2 NIW visa for her gluten-free food startup in California, which is transforming the health food industry. A strong case and strategic approach successfully led to visa approval despite an initial request for additional evidence (RFE) questioning her leadership.

EB-5: The Green Card Through Investment

The EB-5 visa provides a direct route to a Green Card for you and your family with children through investment in the U.S. economy.

Investment thresholds:

• $800,000 in Targeted Employment Area (TEA) project
• $1.05 million into a non-TEA project

A Targeted Employment Area (TEA) is a rural region or an area with high unemployment (at least 150% of the national average).

President Trump recently proposed replacing the EB-5 visa with a new “Gold Card” program requiring a $5 million investment. However, investors who apply for EB-5 before September 2026 remain fully protected under current rules.

Final Thoughts: Choosing the Right Visa for Business Expansion

Choosing the right visa depends on your long-term goals — whether you want to quickly relocate, secure permanent residency, or expand your business while keeping future Green Card options open.

• If you want permanent residency for your family through investment → EB-5 allows you, your spouse, and children to obtain a Green Card by investing in the U.S. economy.
• If you want to start and operate a business in the U.S. with future Green Card options → E-2 lets you invest and manage a company, with the potential to transition to EB-5 or EB-1C for permanent residency.
• If you are a top entrepreneur, innovator, or industry leader → O-1A provides a fast way to enter the U.S., while EB-1A leads directly to a Green Card.
• If you are an entrepreneur with a high-impact business that benefits the U.S. → EB-2 NIW allows you to obtain a Green Card without employer sponsorship.

Understanding which visa fits your family’s future and business goals is the first step. Many entrepreneurs start with a temporary visa (O-1A or E-2) and later transition to permanent residency (EB-5, EB-1A, or EB-2 NIW) as their business grows.

Take the first step toward your U.S. business expansion with a Free Case Evaluation from a licensed business immigration lawyer. Simply fill out a detailed questionnaire, and within 2 working days, we will analyze your responses and recommend the most suitable visa program for your situation. This personalized assessment saves you time by identifying the strongest pathway and providing a clear plan for your next steps.