Visa Questions: The Dreaded Topic

More details on the available US visa options are on this page

One of the biggest perceived hurdles in moving to the USA is the visa you need as a foreigner to live there. Anyone who tries to read up on it online first is quickly overwhelmed by the sheer volume of information, much of it flatly contradictory.

On top of that, the political climate in the US currently seems very harsh toward foreigners. There is talk of making visa applications harder or stopping them altogether. The green card lottery is supposed to be abolished. People of certain nationalities, or who visited a "blacklisted" country in the past year, are said to be barred from getting a visa at all.

You can relax: successful entrepreneurs from Europe can still get a US visa today with great reliability, but only if they genuinely intend to build something as entrepreneurs in the USA.

1Which visa is best for me?

These visa categories are especially well suited to entrepreneurs:

1.1ESTA / Visa Waiver Program (VWP)

ESTA is of course not a visa but a visa-free travel authorization that lets citizens of 42 countries stay in the USA for 90 days without a visa. 90 days is actually a long time, and under normal circumstances you can return to the USA after, say, 30 days in Europe and repeat the routine. ESTA isn't a permanent solution, but as a stopgap while you build your company the Visa Waiver Program can be attractive, and it is often underestimated. You apply for ESTA yourself online. No attorney needed.

1.2B-1 Visa (US Visitor Visa)

The B-1 visa lets you stay in the USA for 180 days per visit. It is usually valid for 5 or 10 years and is very easy to get, as long as you can explain why the 90 days under the Visa Waiver Program aren't enough for you. Of course, the B-1 visa doesn't allow you to live in the USA permanently, but we have quite a few clients who spend most of their time in the US on a B-1 visa for years, keep homes there and so on. You can apply for the B visa yourself at your local embassy, without an attorney.

1.3E-1 Visa (US Treaty Trader Visa)

You have a company at home that already does substantial business in the USA or with US customers. Now your company sends you to the USA to grow that US business further. If you meet the requirements, the E-1 visa is the easiest visa for entrepreneurs to obtain. It can be held indefinitely but must be renewed every two years. It cannot be converted into a green card.

1.4E-2 Visa (US Treaty Investor Visa)

The option we recommend to most of our clients: this visa is an insider tip, and sometimes even modest investments are enough. To get the E-2 visa, you need to invest at least $35,000 in the US (depending on the industry). The amount depends on what you need to build or buy a US business. Depending on the investment, the visa is issued for 2 to 5 years and can be renewed again and again. It also lets you bring employees to the US. We've put together more on the E-2 visa for you here.

1.5L-1A Visa (US Business Expansion Visa)

You have a company at home and it opens a location in the USA. You are sent to the USA to build the US operation. The L-1A visa is valid for a maximum of seven years (both the US company and the parent company must show proper business operations the entire time). It can be converted into a green card.

1.6EB-5 Visa (Immigrant Investor Visa)

You invest $1,050,000 in a new or existing US business (or $800,000 in a so-called Targeted Employment Area, meaning a rural region or an area with high unemployment) to obtain an EB-5 visa. You receive a temporary two-year green card. If the business is still running after that and you have created at least ten full-time jobs, you get the permanent green card.

2Parole instead of a visa: IEP as an alternative for startup founders

Besides the visa categories above, foreign startup founders have one more way to stay in the US long term: International Entrepreneur Parole, or IEP. It grants them permission to stay in the USA for up to 5 years. The International Entrepreneur Parole program fills a gap in the US immigration system by letting talented entrepreneurs come to the US to found or grow a company. It is a low-threshold alternative to the capped H-1B visa, which usually doesn't suit US startups. To qualify, the founder must hold a substantial stake in the US startup (at least 10%) and the startup must have received at least $311,071 from qualified US investors or at least $124,429 in government grants.

3You won't get there without a US attorney

Since 2008 I have applied for or renewed a US visa five times. Four times I succeeded, once I failed. Over the years I have worked with a number of US attorneys and recommended them to clients again and again.

Take it from me: without an attorney, your visa won't happen. And even with one, your attorney may turn out to be a dud. Today I work with just one US immigration attorney, who has already secured my US visa three times. I can warmly recommend him to any entrepreneur.

Expect attorney fees of around €10,000 for a US visa application.

4More on US visas

We cover US visas for European entrepreneurs in detail on a separate page. There you'll find more on each visa type and what to watch for when applying.

Want to travel to the United States without a visa? Find out here everything about the Electronic System for Travel Authorization (ESTA), plus tips and tricks for a stress-free trip.

More details on the available US visa options are on this page. If you want to know which visa fits your plans, our consultation on US visas and green cards will help. You'll find every other topic in the overview on moving to the USA.

In short

• For entrepreneurs, the main options are ESTA, the B-1 visa, the E-1, the E-2, the L-1A and the EB-5; startup founders can also consider International Entrepreneur Parole.
• ESTA and the B-1 allow longer stays but not living in the USA; the E-1, E-2 and L-1A support a business on the ground, and the EB-5 leads to a green card.
• Entrepreneurs from Europe reliably get a visa if they genuinely want to build something in the USA.
• Without a good US immigration attorney, your visa won't happen.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.