America has long been hailed as a land of boundless opportunity, particularly for startup founders. With renowned innovation hubs such as California’s Silicon Valley, New York City, and lately even Austin, Texas, the United States offers an unparalleled ecosystem for entrepreneurial endeavors. From access to top-tier talent to robust funding opportunities, the promise of America beckons for ambitious founders looking to turn innovative ideas into reality.

While the United States does not have a formal “startup visa” for entrepreneurs, there are a number of ways that UK startups, startup founders, investors and entrepreneurs can start or grow a business in the U.S.

Here, we take a look at several of the most popular visas for startups, startup founders, investors, and entrepreneurs.

This isn’t an exhaustive list, so if you want to talk in more detail about other potential options, including green cards for startup founders, we’re here to help.

E-2 Treaty Investor Visa

The E-2 visa is a nonimmigrant visa that has proven a popular visa for entrepreneurs from the UK and other specified treaty countries who come to the U.S. to develop and direct the operations of an enterprise in which they have invested (or are actively in the process of investing) a substantial amount of capital.

This can be a particularly good option even if you’re an early-stage venture, if you can invest your own funds, and you’re looking to scale your business rapidly. For more information, check out our E-2 visa page.

Here’s what you need to know about the E-2 visa for startups:

• Treaty Country Requirement: To be eligible for an E-2 visa, you must hold citizenship in a treaty country that maintains commerce and navigation treaties with the United States. (The UK is one of them.) Nationals of the treaty country must own at least 50 percent of the company. This can be straightforward when (for example) two British co-founders own 100% of the company, but gets trickier for businesses with more complicated ownership structures.
• Investment Amount: Probably the most common questions about E-2 visas are “how much do I need to invest?” and “what counts as a substantial investment amount?”“ While no fixed investment threshold exists, your investment must be substantial enough to ensure the viability and success of your business. The investment criteria can vary depending on your business’s nature and scale. You’ll often hear $100,000 thrown around as a general rule of thumb, but that’s not an actual requirement, depending on the circumstances it may be possible to secure an E-2 visa with a considerably lower sum. Consult with an immigration attorney to devise a strategy for success.
• Source of Funds: E-2 visa applicants have to demonstrate the lawful source of their funds and how they obtained possession, and retains control, of those funds. The E-2 visa application must include meticulous documentation to this end.
• Funds must be “at risk”: This essentially means the funds have been used to actually set up the business, and are not just sitting in your business bank account in the event that you don’t receive the visa. The funds must be “irrevocably committed” to the E-2 enterprise, meaning the businesses is either already using the investment or the company is on the verge of beginning their business operations.
• Active and operating business: This means you must have a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. It must also meet applicable legal requirements for doing business within its jurisdiction.
• Marginality: The enterprise has to be more than just marginal – that is, it must be capable of generating enough income to provide the applicant and his or her family with more than minimal means of living. For startups, you will need to demonstrate that you have the potential to reach that level of income, even if you don’t have immediate revenue, and you need to be able to realise that potential within five years. This is where a robust E-2 visa business plan becomes key.
• Length of E-2 Visa: E-2 visas may be granted for up to five years to UK nationals, and extensions can be pursued as long as your business remains active and thriving. Some people stay in the U.S. on E-2 visas for many years or even decades.
• E-2 Employees: One of the great features of the E-2 visa is that employees of the same company who have the same nationality as the investor/enterprise can also secure E-2 visas. There are several categories that an E-2 employee can fit into: executives; supervisors/managers; and essential employees.
• Dependents: E-2 visa holders can bring their spouses and unmarried children under 21 years old as dependents. Spouses are also authorised to work “incident to status” (no further work authorisation required) within the U.S. Children may not work as E-2 dependents, however. And once the children reach 21 years old, they have to figure out an immigration path of their own.

L-1 Intracompany Transferee Visa

The L-1 visa is a nonimmigrant visa that allows employers to transfer executives, managers, and specialised knowledge employees from a non-U.S. office to one of the company’s U.S. offices. It is known to be a popular route for large multinational corporations, but for startups that can meet the requirements, an L-1 new office visa can be a good option – i.e. if the transferred employee is moving to the U.S. to start a new office, if the company does not yet have a presence in the U.S.

• Qualifying Relationship: The U.S. and foreign entities must have a qualifying relationship, such as a parent-subsidiary, branch, or affiliate connection. This requirement is demonstrated where (a) one of the entities owns at least 50 percent of the other (b) one of the entities has a 50 percent stake in a joint venture, provided the L-1 visa applicant has veto control over decision-making in the venture or (c) the entity seeking the L-1 visa has de facto control over the other entity, even if it owns less than 50 percent. In USCIS language, control is shown when “the right and authority to direct the management and operations of the business entity.”
• Managerial or Executive Position: To be eligible for an L-1A visa, you must hold a managerial or executive role within the foreign company, with the intention to perform similar responsibilities in the U.S. To be eligible for the L-1B visa, you must be a specialised-knowledge employee.
• Employment Abroad: Within three years of filing the L-1 petition, the applicant must have been employed abroad continuously for one year by a qualifying organisation. Note that if you travel to the U.S., those days will not count towards the one-year requirement.
• Length of Visa: Initial L-1A visas are typically granted for up to three years, with opportunities for extensions that can total a maximum of seven years. L-1B visas for specialised-knowledge employees are granted for up to five years. Unlike the E-2 visa, you cannot indefinitely renew the L-1 visas beyond these maximum periods.
• New Office L-1: Startup founders intending to establish a new office in the U.S. can obtain an initial L-1 visa for one year. Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show:
  • They have a physical location for the new office;
  • The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and
  • The new office will support an executive or managerial position within one year of the approval of the petition.Subsequent extensions require evidence of business operations and growth.
• Dependents: spouses and children of L-1 visa holders receive L-2 visas. Your spouse can work in the U.S. (wherever they want) once they arrive, with no additional work authorisation required. This is called work “incident to status.” Spouses of L-1 visa holders receive L-2 visa status. However, children cannot work, although they can attend school. (This issue often comes up during summer holidays, when children wish to take on a temporary position.)

O-1 Extraordinary Ability Visa for Startup Founders

For startup founders and entrepreneurs who possess extraordinary skills and achievements, the O-1 visa is another nonimmigrant visa that offers a compelling route to the U.S. – especially as other popular options like the H-1B, which is subject to a lottery system, remain heavily oversubscribed. Don’t be too put off by the words “extraordinary ability” – you don’t have to be an Einstein to obtain the so-called “Einstein Visa”!

While traditionally associated with individuals in arts, sciences, and athletics, the O-1 visa can also accommodate exceptional entrepreneurs who have garnered recognition for their accomplishments:

• Extraordinary Ability: To demonstrate eligibility for an O-1 visa, you must demonstrate extraordinary ability or achievement in your field through sustained national or international acclaim. Entrepreneurs seeking an O-1 visa should provide evidence of their significant contributions to their field, innovations, and recognition within the entrepreneurial ecosystem. Excellence can be demonstrated through the raising of significant venture capital, for instance. Check our O-1 visa page for more information on these requirements.
• Petitioner (employer/agent): while a founder or entrepreneur can’t technically “self-petition” for an O-1 visa, the company they co-founded can file the petition on their behalf.
• Length of Visa: Initial O-1 visas may be granted for up to three years, with extensions available as needed to continue your work in the U.S.
• Dependents: Spouses and children under 21 of the O-1 visa holder may reside in the U.S. on an O-3 visa, but unlike spouses on E-2 and L-2 visas, the O-3 visa does not permit spouses of O-1 visa holders to work. Similarly, children on O-3 visas may not work.

The E-2, L-1, and O-1 visas offer distinct pathways for startup founders and entrepreneurs to establish or expand their businesses in the United States. Your choice depends on your business objectives, existing affiliations, and unique skills.

Green Cards for Startup Founders and Entrepreneurs

As you begin your U.S. immigration journey, it’s also crucial to consider your long-term possibilities. Permanent residence (a green card) may be viable for certain individuals if they meet certain key requirements. If you want to live in America long term, consider reaching out to a qualified immigration lawyer to discuss your options.