The U.S. start-up visa is an important option for entrepreneurs who want to start a business and plan their immigration process in America. The United States is one of the most vibrant ecosystems in the world for innovation, start-ups, and high-growth ventures.
Its legal infrastructure, access to capital, and entrepreneurial culture make it a highly attractive destination for foreign founders.
However, launching a start-up in the U.S. does not automatically lead to permanent residency.
Instead, success depends on choosing the right visa pathway, building a sustainable business model, and complying with immigration regulations.
In this article, Marsan Akguc Law Firm explores the most effective visa strategies for foreign entrepreneurs who wish to use their start-up as a vehicle for legal entry, residence, and long-term immigration status in the United States.
Does Launching a Start-Up in the U.S. Help with Immigration?
Starting a business in the U.S. is not, in itself, a direct path to a Green Card.
However, if properly structured, your venture can serve as the foundation for various nonimmigrant visas that permit you to live and work in the U.S some of which may later lead to permanent residency.
You may qualify for a visa if your start-up:
- Contributes to the U.S. economy
- Involves a substantial personal investment
- Demonstrates innovation, public benefit, or market demand
- Is actively managed by you as the founder
- Reflects your extraordinary talent in a specific field
These criteria form the basis for several temporary visa types with long-term immigration potential.
Can You Launch a Start-Up on an E-2 Investor Visa?
Yes if you are a citizen of a country that has a valid E-2 treaty with the United States (including Turkey), you may be eligible to apply for an E-2 Investor Visa and launch your own business.
To qualify, the start-up must meet the following core requirements:
- The business must be active, operational, and for-profit
- You must invest a substantial amount of capital in the business
- The business must not be marginal (it should create jobs or economic benefit beyond just supporting the investor)
- You must have a controlling interest in and actively manage the business
- The venture must not be speculative or passive (real estate rental, for example, is not permitted)
Although the E-2 is a nonimmigrant visa, it is renewable indefinitely and may serve as a strategic bridge to long-term immigration options such as EB-2 NIW or EB-5.
Can You Build a Tech or Innovation Start-Up with an O-1 Visa?
Yes. The O-1 visa is an ideal option for founders with a record of extraordinary ability in fields such as technology, engineering, science, design, or the arts.
O-1A visas apply to fields like science, business, and education; O-1B applies to the arts and creative industries.
To qualify as a founder under O-1A, you must demonstrate:
- A strong portfolio of international recognition
- Media coverage, awards, or industry leadership
- Intellectual property, patents, or publications
- Active leadership in a funded or impactful start-up
- Endorsements from field experts or institutional partners
O-1 visa holders may work in companies they founded, but structural compliance is essential you cannot self-sponsor without meeting legal and corporate governance requirements.
This often involves working through a U.S. agent or board-approved sponsor arrangement that ensures an arm’s-length employer-employee relationship.
Marsan Akguc Law Firm assists foreign founders in evaluating visa eligibility, establishing U.S. corporations, preparing investment documentation, and securing approvals from USCIS for E-2, O-1, and other entrepreneur-based visa categories.