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Starting a business in the US as an immigrant: the honest map.

There is no dedicated startup visa in current US law. Instead, foreign entrepreneurs piece together eligibility through a handful of existing visa categories, plus one regulatory parole program that functions similarly to a startup visa. This page compares those pathways side by side, in plain language, and then points you to the funding and support resources that stay open regardless of citizenship. It is built for the entrepreneurs we actually serve, including the many Haitian and Nigerian entrepreneurs now living in the US and building here.

This content is educational only and is not a substitute for licensed immigration counsel. Rules, thresholds, and program availability change often. Verify everything at uscis.gov and work with a licensed immigration attorney or an accredited nonprofit legal service provider before acting.

The pathways

The six routes, compared honestly.

What each one is and who it tends to fit. Not filing instructions; that is your attorney's job.

E-2 Treaty Investor Visa

Citizens of treaty countries investing in a US business

Available only to citizens of countries that hold a qualifying trade treaty with the United States. It lets the holder live in the US while running a business they have invested in. There is no fixed minimum investment, but it must be substantial relative to the business; most successful applicants invest somewhere between roughly 100,000 and 200,000 dollars. It does not lead directly to a green card and must be renewed, tying status to the ongoing business.

EB-5 Immigrant Investor Program

Investors making a large, job-creating investment

Grants a conditional green card in exchange for a qualifying investment in a US commercial enterprise that creates or preserves at least 10 full-time jobs. Per the most recent figures in our research, the minimum is 800,000 dollars in a Targeted Employment Area or 1,050,000 dollars otherwise; verify current amounts with USCIS. After two years of maintaining the investment and job creation, investors can apply for permanent residency.

O-1 and EB-1 (extraordinary ability)

Entrepreneurs with a documented, exceptional track record

The O-1 is a temporary visa for people who can demonstrate extraordinary ability in their field, including business, through awards, media coverage, high-value contracts, or major speaking engagements. The EB-1 is the green card version of the same underlying standard, where USCIS looks for evidence such as significant top-tier investment, acceptance into a well-known startup incubator, or a company valuation in the millions.

L-1 Intra-Company Transfer

Owners of an established business abroad expanding to the US

Allows executives, managers, or employees with specialized knowledge to transfer from an existing foreign company to a new or existing US branch, subsidiary, or affiliate, after at least one continuous year working for the foreign company within the preceding three. It fits entrepreneurs who already run a real business abroad and want a US office, rather than starting from scratch.

International Entrepreneur Rule (IER)

High-growth startup entrepreneurs with major backing

Not technically a visa: a discretionary parole program granting qualifying entrepreneurs temporary permission (initially up to 30 months, extendable another 30) to build their startup in the US. It requires at least 10 percent ownership of a US startup formed within the preceding five years, and real growth potential, typically at least 250,000 dollars in qualified investment or 100,000 dollars in government grants. Its regulatory status has shifted multiple times, so verify its availability with USCIS before building a strategy on it.

EB-2 National Interest Waiver (NIW)

Highly skilled entrepreneurs whose work serves the national interest

Lets certain highly skilled individuals, including entrepreneurs whose work is judged to be in the national interest, skip the standard labor certification process and self-petition for a green card without an employer sponsor. An increasingly common path for entrepreneurs with strong professional credentials who do not fit the O-1 or EB-1 extraordinary ability standard.

A note on nationality: E-2 status depends entirely on your country of citizenship holding a qualifying treaty with the US, and coverage is not universal. Entrepreneurs from Haiti and Nigeria specifically should have E-2 eligibility confirmed against the current treaty country list before pursuing that strategy. Entrepreneurs not eligible for E-2 by nationality often build around EB-5, O-1/EB-1, L-1, or the EB-2 NIW instead, none of which carry a treaty-country restriction.

Money and help

Resources that stay open, regardless of citizenship.

A significant federal policy change took effect in 2026: per our research, the SBA revised its core lending programs to require US citizenship, closing off SBA-backed loans for many lawful permanent residents and other non-citizens who previously had access (the rule remains under active legal challenge, so check its current status). That makes the channels below more important, not less. Each one is labeled by what it actually is: counseling, a loan, or a guarantee, because those are different things and eligibility differs for each.

Free counseling

SBDCs, SCORE, and Women's Business Centers

The SBA's free counseling and technical assistance programs remain fully available regardless of immigration status: Small Business Development Centers, SCORE mentorship, and Women's Business Centers. Real humans, free help, no citizenship test.

Loans

CDFI lenders

Community Development Financial Institution lenders are not bound by the SBA citizenship rule, and per our research the US Treasury has signaled funding priority for CDFIs serving non-citizen entrepreneurs. Search for CDFIs in your state and ask directly about eligibility.

Loans

ITIN-friendly lenders

A portion of immigrant entrepreneurs operate without a Social Security number and need financing sources that explicitly accept an Individual Taxpayer Identification Number instead. They exist; ask any lender up front whether ITIN applications are accepted.

Loans + counseling

Refugee and immigrant microenterprise programs

Refugee microenterprise projects explicitly serve special-status populations, including Haitian entrants, with microloans and culturally specific, multilingual business counseling. Community organizations serving Haitian and Nigerian entrepreneurs often provide counseling that generic resources cannot.

State capital via CDFIs

New York: Immigrant Business Development Initiative

Per our research, New York State has directed 50 million dollars in state capital through CDFI intermediaries specifically for non-citizen entrepreneurs. Confirm the program's current status and eligibility with New York State directly.

Loan guarantee

California: IBank Small Business Loan Guarantee

California's IBank Small Business Loan Guarantee Program carries no citizenship requirement. Other states are reportedly exploring similar programs, so check what your own state offers; this area is moving fast.

This is a fast-moving policy area. A resource listed here can be affected by a court ruling, a new state program, or a federal rule change within months, so confirm current availability with each program directly before counting on it.

Questions

Good to know.

Is there a startup visa for the United States?

No. There is no dedicated startup visa or entrepreneur visa in current US law. Instead, foreign entrepreneurs piece together eligibility through a handful of existing visa categories (E-2, EB-5, O-1/EB-1, L-1, EB-2 NIW), plus the International Entrepreneur Rule, a regulatory parole program that functions similarly to a startup visa. Which one fits depends on your citizenship, capital, track record, and whether you already run a business abroad.

I am from Haiti or Nigeria. Does that change my options?

It can. E-2 treaty investor status depends entirely on your country of citizenship holding a qualifying treaty with the US, and treaty coverage is not universal. Confirm your eligibility against the current treaty country list before pursuing an E-2 strategy, since the list and criteria can change. Entrepreneurs who are not eligible for E-2 due to nationality often build their strategy instead around EB-5, O-1/EB-1, L-1, or the EB-2 NIW, none of which carry a treaty-country restriction.

Can I still get an SBA loan as a non-citizen?

This changed in 2026: per our research, the SBA revised its core lending programs, including 7(a), 504, Express, Community Advantage, and Microloan, to require US citizenship, closing off SBA-backed lending for many lawful permanent residents and other non-citizens who previously had access. The rule remains subject to active legal challenges, so verify the current state before ruling anything out. Importantly, the SBA's free counseling programs (SBDCs, SCORE, Women's Business Centers) are unaffected and remain open regardless of immigration status, and CDFI lenders and several state programs are not bound by the citizenship rule.

Do I need immigration status to form an LLC or get an EIN?

Forming a business entity and being legally able to live and work in the US are separate questions, and this page only speaks to them at the educational level. The IRS accepts EIN applications from international applicants without an SSN by fax or mail, and lenders that accept ITINs exist. What you can lawfully do in and for the business depends on your specific status; that is exactly the kind of question to bring to a licensed immigration attorney.

Is this page legal advice?

No. It is educational and comparative only, and it is not a substitute for licensed immigration counsel. Immigration rules, investment thresholds, and program availability change often, and the stakes are high. Verify everything with official USCIS pages at uscis.gov and work with a licensed immigration attorney or an accredited nonprofit legal service provider before acting.

The pathway is paperwork. The business is yours.

While the attorneys handle the immigration file, everything on this platform helps you build the thing the file is about: the idea, the plan, the name, the numbers.

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