US Business Visas — E-2, O-1, EB-1C, L-1 & National Interest Waiver

The E-2 treaty investor visa allows nationals of treaty countries to live and work in the US by investing a 'substantial' amount in a US business. There is no fixed minimum, but USCIS typically expects $100,000–$150,000+ for a new business, or proportionally less for low-cost service businesses (minimum 50% of the startup cost is the general rule). The investment must be at risk, committed, and not marginal. E-2 visas are issued for 2–5 years (depending on treaty country) and are renewable indefinitely.

The E-2 visa is available only to nationals of countries with a bilateral investment treaty with the United States. Major eligible countries include: UK, Germany, France, Italy, Japan, South Korea, Canada, Australia, Israel, Turkey, and approximately 80 others. Notably excluded: China (mainland), India, Brazil, Russia, and most of Southeast Asia. Canadian citizens use TN visa for work, not E-2. INNOVA CG advises on treaty eligibility and alternative L-1/EB-5 routes for ineligible nationalities.

The EB-5 Immigrant Investor Program provides a green card (permanent residency) for investors who invest $1,050,000 in a new commercial enterprise (or $800,000 in a Targeted Employment Area — rural or high-unemployment zone) that creates at least 10 full-time US jobs. Investments via USCIS-designated Regional Centers allow indirect job creation. Processing time is typically 4–7 years, though the EB-5 Reform and Integrity Act of 2022 created a reserved visa category that may reduce wait times for some nationalities.

The L-1 visa allows executives, managers, or employees with specialized knowledge to transfer from a foreign company to a US affiliate, subsidiary, or parent. L-1A (managers/executives) grants 3 years initially (7 years total); L-1B (specialized knowledge) grants 3 years (5 years total). A qualifying relationship between the foreign and US entities is required — the US entity must be a parent, affiliate, or subsidiary of the foreign company. INNOVA CG can structure the corporate entities to establish the qualifying relationship.

The O-1A visa is available to individuals with extraordinary ability in sciences, education, business, or athletics — demonstrated by sustained national or international acclaim. For tech founders and entrepreneurs, qualifying evidence includes: awards, published articles, high compensation, board memberships, leading roles in distinguished organizations, and media coverage. O-1A does not require a pre-existing US entity — it can be sponsored by a US agent or employer. Duration is 3 years, renewable in 1-year increments.