Visa and Green Card for Entrepreneurs in the USA: What are the options in 2026?
- Murtaz Navsariwala
- 18 hours ago
- 11 min read
Entrepreneurs who want to live and do business legally in the United States have five main options. The EB-2 NIW is the most commonly used by founders and requires no sponsor or minimum investment. The EB-1A is for those with proven outstanding achievement. The EB-1C and L-1A visas are for transferring or expanding an existing business abroad. The E-2 visa is a temporary investor visa, available only to citizens of countries with a trade treaty with the U.S. The EB-5 visa requires a considerable investment. The choice depends on passport, education, experience, and purpose of stay.
Index
Why the US Remains Interested in Foreign Entrepreneurs
The American business environment operates with structurally different rules than those most entrepreneurs are familiar with.
Taxation on profit, not revenue. This is the difference that most impacts cash flow. A growing company's reinvestment capacity changes dramatically when the tax base is profit. The immigrant's tax planning should be designed before the move.
Favorable labor laws for employers. Terminating a contract does not generate obligations that extend for a decade, which changes the company's hiring appetite.
Access to capital. A company incorporated in the US has a significantly higher probability of raising Series A and B funding than the same company, with the same product and revenue, incorporated abroad. The reason is the legal predictability and the ease of capital withdrawal for the investor.
The data supports the country's interest in this profile:
Approximately 46 percent of Fortune 500 companies were founded by immigrants or children of immigrants.
Most American unicorns have at least one immigrant founder.
More than 15 million jobs exist within companies founded by immigrants.
Immigrants are approximately twice as likely to start a business.
According to Dr. Murtaz Navsariwala, an American lawyer and economist with over eighteen years of experience in immigration law, this is not just an open door. It is a structural economic dependence of the country on immigrant entrepreneurship.
The Five Visa Categories for Business Owners
EB-2 NIW (National Interest Waiver)
For whom: Highly accomplished individuals
Requirement: Advanced degree, or bachelor's degree plus five years of experience, or proven exceptional ability in three of seven criteria
Sponsor: Not required
Minimum investment: Not required
Result: Permanent residency
This is the most commonly used route by entrepreneurs because it eliminates the need for a job offer and sponsor, or it becomes compatible with those who own their own business. The most common questions are answered in the EB-2 NIW guide.
EB-1A (Extraordinary Ability)
For whom: Professionals with proven recognition and distinction in their field.
Requirement: Proof through criteria such as publications, judging experience, awards, media coverage, original contributions, among other evidence foreseen for the category.
Sponsor: No sponsoring employer is required.
Result: Permanent residency (Green Card), with the possibility of Premium Processing for the petition.
This category requires robust evidence of professional recognition, but can offer a faster process for professionals who meet the eligibility criteria.
Learn more about the EB-1A program.
EB-1C e L-1A
For whom: Executives and managers of companies already established abroad
Requirement: Qualified corporate relationship between the foreign company and the company in the United States, in addition to eligible prior experience in the foreign company
Result: The L-1 visa offers temporary status, while the EB-1C visa can lead to permanent residency (Green Card), provided all requirements are met.
It is a relevant path for those who already operate a company abroad and intend to expand their operations to the United States through a subsidiary, affiliate, or other qualified business structure.
Learn more about the L-1 and EB-1C visas.
E-2 (Investor Visa)
For whom: Citizens of countries with a current trade treaty with the USA
Requirement: Substantial investment proportional to the business plan
Result: Temporary and renewable visa, no direct path to a Green Card
This category offers the greatest freedom in terms of sector. It allows working in a different area than the previous career path, which other categories rarely accept. Countries like Brazil do not have a current E-2 treaty, which excludes this route for those who only have a Brazilian passport.
Learn more about the E-2 visa.
EB-5 (Investor)
For whom: Investors with available capital to invest in the United States
Requirement: Significant investment in an eligible venture, creating or preserving jobs as per the program requirements
Result: Possibility of obtaining permanent residency (Green Card), provided all eligibility criteria are met.
Learn more about the EB-5 visa.
How Much Investment is Required
The answer varies radically depending on the category, and this is the confusion that most often deters qualified entrepreneurs before the first conversation.
In investor visas, such as E-2 and EB-5, capital is the very focus of the application. A future investment plan does not replace actual investment. The government wants to see the money invested.
“In categories like EB-2 NIW and EB-1A, there is no minimum investment amount. We have already built and had approved cases of entrepreneurs and founders of technology companies who started their operations at home, with just two computers and a printer. The most important thing is that there is coherence between the presented plan, the business objectives, and the capital available to execute it.” — Dr. Murtaz Navsariwala
If the proposal describes a store on Fifth Avenue in New York, the cash flow needs to cover the rent for that store. If it describes an artificial intelligence startup, the cost structure is different, and the requirements reflect that. Inconsistency between plan and capital is one of the most common reasons for rejection.
It's worth noting two separate points: investing in the US does not require a visa. Foreigners can open LLCs or C-Corps, buy real estate, and invest capital without any immigration status. What is not permitted without work authorization is to work operationally in the company or receive a salary from it.
How Long Each Path Takes
Estimated processing times vary depending on the type of process: consular processing or adjustment of status.
Premium processing exists for EB-2 NIW, but currently represents a higher risk scenario, requiring case-by-case evaluation.
The practical conclusion is simple: those who intend to be in the U.S. in two or three years need to start now, because the waiting time is the same for everyone and cannot be bought later.
Do I Need to Repeat the Same Business I Have Today?
Not exactly, but there is a relevant limit.
Those who have a manufacturing business in their country of origin can open a subsidiary, create an affiliate, or establish a new company. They can also maintain manufacturing abroad and operate import and export from the American company. These variations are accepted.
What is difficult to sustain is a complete change of sector. An entire career in manufacturing doesn't adequately support an application based on a restaurant chain where no experience exists. The evaluation starts with the probability of success, and this probability is higher when the proposed business arises from something that has already been mastered for fifteen or twenty years.
The important thing in this case is to talk to Dr. Murtaz so that a good strategy can be drawn up, remembering that the best visa strategy is determined by an immigration lawyer.
Do I Need a University Degree?
Not necessarily. Many entrepreneurs have built solid operations without a completed degree.
For several categories, proven experience compensates for the absence of a formal diploma. There are categories based on exceptional ability, evaluated by results and recognition. And the E-2 visa doesn't require any formal education, only a compatible investment.
What exists is a balancing act between education, experience, passport nationality, and ultimate goal. There is no single requirement applicable to all profiles.
What Changed Under the Trump Administration
The analysis of applications has become more rigorous. Cases that are at the bare minimum now face a real difficulty that did not exist with the same intensity as before.
What needs to be separated is the target of this policy. Attention is focused on those who are in the country without status, in an irregular situation, or on requests of a humanitarian nature such as asylum. Businesspeople and highly qualified professionals who bring capital, taxes, and jobs are not the focus of the tightening. This distinction also appears in immigration trends for 2026.
There is also the time variable. Adding case construction and processing, a good part of the decisions will happen after the current term.
The history of the last four decades shows that legal pathways for businesspeople and qualified professionals have been maintained in all administrations, including Trump's first term, the Biden administration, and the Obama administration.
The Deciding Criterion: Benefit to the US
The American government doesn't evaluate what the United States can do for the applicant. The analysis is the reverse. What is examined is what the applicant delivers to the country: economic growth, job creation for Americans, tax revenue, and social value.
This answers a recurring question. It's not possible to obtain an American visa to maintain and expand a business that will continue operating outside the U.S. An international headquarters that functions only as a holding company, with all the real operation in another country, is unlikely to sustain an application.
However, a structure where the money enters the U.S., jobs are created in the U.S., and revenue is taxed in the U.S., with sales and distribution channels abroad, is perfectly viable.
When the application is made by someone who is still abroad, the analysis doesn't rely on revenue, because the American operation doesn't yet exist. What is evaluated is the thesis: projected economic and social value, evidence that the American market has been thoroughly studied, and demonstration of a real capacity to generate impact from day one.
What Permanent Residency Changes in Practice
Asset stability. Business decisions improve significantly when the reference currency doesn't fluctuate by thirty percent in a week.
Freedom without a roof. Any city, any number of businesses, any number of activities. The choice of where to build matters, and the cost of living varies more between American cities than most people imagine.
Children's education. Permanent residents don't pay the tuition fees charged to international students and gain access to scholarships unavailable to foreigners.
Citizenship in five years. The US does not require renunciation of original citizenship. Dual and triple citizenship are accepted. Restrictions, when they exist, usually come from the country of origin. This topic was discussed in detail in the article on dual citizenship in the United States.
Mistakes That Cost Years
Working with an F-1 visa. A student can open a company in the US, but cannot work in it or receive a salary. Doing so constitutes unauthorized work and may jeopardize future immigration applications.
Applying at least three criteria. If three criteria are required and exactly three are met, the refusal of a single one undermines the entire case. Strong cases are built with a margin.
Choosing the lowest price. Redoing a denied case means paying twice, waiting twice, and, in some scenarios, compromising future applications. Time is the only variable that cannot be bought back.
Changing careers during the process. A radical career change weakens the probability of success at the exact moment when it needs to be strongest.
Having a licensed US immigration attorney like Dr. Murtaz allows you to build a strong and structured case without taking unnecessary risks. The first step is to understand your profile; click here to begin.
You can also clarify some of the main doubts about immigration to the United States by watching our webinar specially developed for entrepreneurs, in which we address paths, possibilities and important points for those considering expanding their businesses or building a new career in the USA.
Can I invest in the US without having a visa?
Yes. Foreign investment does not require a visa. Companies can be opened, real estate acquired, and capital invested by non-residents. What requires work authorization is working operationally for the company or receiving a salary from it.
Do I need capital to start an American company?
No. An LLC or C-Corp can be formed without a large initial capitalization. The capital requirement arises when the chosen category is that of an investor, or when the business plan itself presupposes high costs.
Can someone with an E-2 visa migrate to a green card?
Yes, and it's a relatively common path. A company already operating in the US can serve as the basis for a permanent residency application, often via the EB-2 NIW program. The analysis depends on the company's background, experience, and how the capital was effectively invested.
Do I need to own a company to qualify?
Not necessarily. Some categories do not require a registered company. In other cases, creating a company will be part of the strategy to meet the requirements.
Can I have my headquarters in the US and maintain sales and distribution in my country?
Yes, as long as the money enters the US, the jobs are created in the US, and the revenue is taxed in the US. What doesn't work is a shell company structure with all the real operations taking place abroad.
What is the gold card announced by the government?
To date, only one case has been issued globally, and little official information has been made available. There is no clarity on how future administrations will handle these cases. The EB-5 remains available as an investor pathway. For those considering the gold card due to available capital, there are usually lower-risk and lower-cost alternatives.
Do I need to give up my current citizenship?
The US does not require this. Dual and triple citizenship are accepted. Any restriction, when it exists, comes from the legislation of the country of origin.
How much does the process cost?
The cost varies by category and includes legal fees, government taxes, and additional expenses such as medical examinations in permanent residency cases. A final price can only be determined after the strategy and category have been defined.
Murtaz Law: Where each case is treated as unique.
Murtaz Law is an American law firm specialized in immigration to the United States, built with the goal of offering a strategic, human, and highly personalized approach to each case. With nearly two decades of accumulated experience in American immigration law, the firm has helped professionals, families, entrepreneurs, artists, and athletes transform complex processes into concrete approvals, even in seemingly hopeless situations.
Based in Illinois, the firm is led by Murtaz Navsariwala, an attorney and member of the American Immigration Lawyers Association (AILA) and the American Bar Association.
Holding degrees in Economics and History from Northwestern University and a Juris Doctor of Laws from Indiana University Bloomington Maurer School of Law, Murtaz built his reputation primarily through success in EB2-NIW cases, becoming a benchmark for qualified professionals seeking to obtain a Green Card and build a solid career in the United States.
At Murtaz Law, no case is treated as just another number. Each case is carefully analyzed, considering the history, objectives, and particularities of each client. The firm operates in various areas of U.S. immigration, including work visas, family law cases, naturalization, regularization of status, and permanent immigration strategies, always seeking the safest and most strategic path for each situation.
Currently, Murtaz Law maintains an approval rate of approximately 99.5% in its cases, a result of a combination of legal experience, detailed preparation, and a deep understanding of the requirements of the U.S. immigration system.
A consultation can be scheduled because the future you envision may be much closer than your lack of knowledge has led you to believe.
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