A more typical path for a person to immigrate to this country for work reasons is for them to find an employer or qualified institution to sponsor them to enter the United States.
However, certain entrepreneurs may have a path to enter the United States under visas that do not require employer sponsorship.
- Under an EB-1A visa, a person with what the law calls extraordinary ability in certain fields may petition without a sponsoring employer. The person petitioning for the visa will have to demonstrate that they are at the top of their field, to the point of receiving special recognition. The person will have to commit to continuing their work while in the United States.
- A person with an advanced degree can combine an EB-2 visa with a National Interest Waiver. When applying, the person will also have to show that their work will contribute in some way to the important interests of the United States and that they have a demonstrated ability to succeed in their efforts.
- Individuals with the means to invest in business ventures that will create full-time jobs in the United States may be able to pursue an EB-5 visa through the Immigrant Investor Program. However, the minimum capital investment is $800,000, and this only for investments that will create jobs in certain geographic areas. The investment must create at least 10 full-time jobs.
While foreign entrepreneurs can get a visa, the process is complex
While this is a high-level overview of how foreign businesspeople can come to the United States without a job offer, the point is that immigration legal options are available to them.
Like an immigration proceeding, the process of filing for the EB-1A, EB-2 and EB-5 visas is complex. There is also no guarantee that the applicant will get a favorable response. They will have to demonstrate that they meet their respective visa’s requirements.
Those who are interested in exploring this option should make sure they understand how to pursue each alternative.
