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Finding the correct visa and analyzing your business idea are two essential steps to starting a new business in the U.S.
Immigration is the foundation of the American identity, but it’s also a cornerstone of American entrepreneurship. From industrial titans like Andrew Carnegie to modern restaurateur Chef Jose Andres, businesspeople from other countries have shaped the American economy for hundreds of years. The New American Economy Research Fund found that nearly 45 percent of the companies on the 2023 Fortune 500 list were founded by either immigrants or children of immigrants.
Despite this presence, experts say immigrating to the United States can be complicated and challenging. The visa application process alone can be difficult to navigate, and long processing times add to the complexity of starting or joining a business in the U.S. However, understanding the process and taking crucial steps can better position aspiring entrepreneurs for success.
Here are the steps you must take if you’re an immigrant planning to launch a business in the U.S.
Like any government, the U.S. regulates who enters and lives in the country through a visa program. Visas are extended to tourists, students, family members and businesspeople.
For work purposes, you can apply for several types of visas, including the following:
H-1B visa
The H-1B is a special visa for temporary workers. In some cases, you’ll need at least a bachelor’s degree to qualify, and it’s most often used for highly technical work.
Kamal Bathla, managing director of Maestro Technologies, explained that his company acquired another company and now sponsors several H-1 workers. He emphasized that these workers are typically hired when a company cannot find an American-born employee with the necessary skills for a project, making H-1B visas more relevant for highly skilled workers.
“Having an ability to hire someone, as long as you exhaust all the options of hiring someone local, it’s important,” Bathla explained. “That’s why you go out to hire someone [with] an H-1 — because you can’t find someone local.”
While Bathla said it wasn’t difficult for his company to bring in a new employee, Eileen King English, a partner at the New Jersey-based immigration law firm Hartington King English LLC, emphasized that H-1B visas can be a significant barrier for some immigrants due to the high skill requirements.
“It is a difficult route,” King English cautioned. “When you’re a foreign national and you want to get an H-1B for yourself or for your company in the U.S., that’s difficult. … They [the visas] all have a hurdle to overcome to do it.”
L-1A and L-1B
The L-1 visa program is designed for company executives and employees with “special skills” who must relocate to a company branch within the U.S. The L-1 visa can also be used to establish new foreign company branches in the U.S.
This visa type has two levels: L-1A and L-1B:
Both visa types have nuanced requirements and parameters. For example, for the L-1B visa, the full USCIS definition of “specialized knowledge” includes knowledge of internal company processes, products, services, research, equipment, techniques or management.
Unless you’re opening a new company branch in the U.S., the L-1 program is for workers already employed by a business that wants to send them to the U.S. for work. L-1 visas are similar to H-1B visas in that the applicant must already be employed by a company with the means and infrastructure to facilitate the transfer.
E-1 and E-2
The E-1 and E-2 are treaty-based visas, meaning only countries with special agreements with the U.S. can qualify for them. The list of treaty countries does not include China, Russia or India. (It does, however, include Taiwan.)
These visas are for individuals seeking to come to the U.S. to start a new business or join an existing one. The E-1 visa is for “treaty traders,” while the E-2 is for “treaty investors.” You can read more about this distinction on the USCIS E-1 Treaty Traders page.
King English noted that E-1 and E-2 visas have extensive reporting requirements. “The documentation required by the Department of State to show for a new office is just a high burden in terms of a five-year plan and showing the money you’ve already invested in the U.S. and how that money’s going to be used — all of those things,” King English explained. “It’s not a straight path.”
While the documentation may be extensive, it’s not insurmountable. The key is whether your country of origin has a treaty with the U.S. These visas must be renewed every two years, depending on your specific situation.
Jalal Maqableh, co-founder and principal partner at BLUE Box Strategy, immigrated to the U.S. from Jordan and now specializes in immigration entrepreneurship, helping business owners new to the U.S. get their operations up and running. He notes that having a viable business idea, identifying your customer base and maximizing your reach are crucial for success:
The legal and funding processes for entrepreneurship in the U.S. can differ significantly from those in other countries. Immigrant entrepreneurs should familiarize themselves with the following:
Once you have everything in order legally and financially, you’ll be ready to bring your business idea to the world. Connecting with potential customers on a personal level is an essential element of any great business marketing plan. As an immigrant entrepreneur, you may have the advantage of a compelling narrative, so don’t shy away from sharing your personal story — after all, a good story sells products. Discussing the inspiration behind your business and what obstacles you faced to follow your dreams can quickly grab your audience’s attention.
In our digital world, sharing your business and its story has never been easier. Social media business tools and email campaigns are excellent avenues for spreading the word about your impending business venture. After launching, these tools can help you maintain customer communication, build customer loyalty and earn repeat business.
If you’re starting a business, here is some helpful information on business basics that every entrepreneur should read:
Traveling to the U.S. for work or opening your own business once you’re here can be challenging, but it’s doable. Take advantage of local and online business resources, stay informed about local laws and regulations, network with other entrepreneurs and consider working with advisors. Success as a newly arrived entrepreneur is an excellent possibility.
Natalie Hamingson contributed to this article. Source interviews were conducted for a previous version of this article.