The American Dream is about accepting the challenge and giving it your all. For entrepreneurs from abroad, that challenge starts with the right immigration path. Owning a US company does not by itself let you live or work here. This guide gives you the lay of the land so you can plan with direction and talk to an immigration attorney with confidence.

Quick comparison

• E-2 Treaty Investor: for citizens of countries with a qualifying treaty with the US who invest a substantial amount in a real, operating US business they develop and direct. No fixed minimum; the investment must be at risk and proportionate to the business. Renewable while the business qualifies. Not every country qualifies; check the State Department treaty list.
• L-1 Intracompany Transferee: for managers, executives (L-1A) or specialized-knowledge staff (L-1B) of a foreign company transferring to a related US office. Usually requires one continuous year of work for the foreign company within the past three years. A new-office L-1A is possible but initially limited.
• O-1 Extraordinary Ability: for people who can show sustained national or international acclaim in business, science, arts, education or athletics. A US employer or agent files; founders can sometimes use their own company.
• EB-5 Immigrant Investor: a path to a green card through investment that creates at least 10 full-time US jobs. See amounts below.
• H-1B Specialty Occupation: for jobs that require at least a bachelor’s degree. Subject to an annual cap and lottery for most employers; a founder’s own company can sometimes sponsor, but the rules are complex.

EB-5 investment amounts

For petitions filed on or after March 15, 2022, the minimum is $1,050,000, or $800,000 in a targeted employment area (TEA) or infrastructure project. By law these amounts adjust for inflation on January 1, 2027, and every five years after that. As of our last review, USCIS had not yet published the new figures, so check the USCIS EB-5 page before planning an investment. USCIS filing fees for EB-5 forms also change; check the current USCIS fee schedule.

H-1B: check recent changes

H-1B rules and fees have changed recently, including a 2025 presidential proclamation affecting certain new petitions and changes to how the cap lottery selects registrations. Confirm the current rules on the USCIS H-1B page and with an attorney before relying on this route.

Questions to bring to an immigration attorney

• Which visas am I eligible for based on my citizenship, experience and plans?
• How much should I invest, and how do I document the lawful source of my funds?
• Can my spouse and children come with me, and can my spouse work?
• What can I do in the US while my application is pending?
• What is the path from a temporary visa to a green card, if I want one?

Avoid common mistakes

• Working in your US business before you have proper status
• Investing before getting advice, especially for E-2 and EB-5 source-of-funds rules
• Using unlicensed consultants; check that your attorney is licensed with a US state bar
• Relying on old online information; amounts and fees change

Official resources

• USCIS: Working in the United States
• US State Department: US Visas
• USCIS: EB-5
• USCIS: L-1A
• USCIS: O-1
• Our EB-5 roadmap and FAQ

How Ameri-Asia helps

We help you see the whole road: understanding the options, preparing your business plan and connecting with experienced, licensed immigration attorneys and advisors.

Last reviewed: October 2026. This guide is general information, not legal, tax, immigration or financial advice. Rules change and depend on your situation, so confirm details with the official sources linked here or a licensed professional before acting.