Innovation Pathways: Startup Founders, Entrepreneurs, Investors
Business-Based Immigrants: Startup Founders, Entrepreneurs, Investors
Whether an existing or new business in the US, can enable access to US immigration status in non-immigrant and immigrant classifications.
Priority workers and others with extraordinary abilities may be eligible to secure EB-1 or EB-2 visas which are directly linked to long-term, permanent residency.
We assist with the following:
- I-129 and documentation in application for E-1, E-2, H-1B, L-1, O-1
- I-140 and documentation in application for EB-1 or EB-2 NIW
- I-526 and I-829 in application for EB-5

- Noncitizens bring a plethora of talent, and the US offers an abundance of opportunity. For investors and business leaders seeking to establish or grow their ventures in the US, immigration status is a crucial consideration. At Gray Whale Law, we understand the intricacies of business-based immigration and are dedicated to helping you navigate the process efficiently and effectively.
- Whether you are seeking to temporarily work and reside in the US, manage an investment, or establish permanent residency, GWL can help you understand and evaluate options, guide you through the process and secure your visa or green card.
- a temporary non-immigrant visa to manage your investment or pursuing permanent residency as a priority worker with extraordinary abilities, our experienced attorneys provide tailored legal strategies to achieve your US immigration goals.
- We assist clients with a range of visa options, including treaty investor visas like the E-1 and E-2, H1B, O and L visas, International Entrepreneur Parole, as well as employment-based immigrant visas such as EB-1 for priority workers and EB-2 for individuals with exceptional ability or advanced degrees. We also counsel on the EB-5 Immigrant Investor Program. Let Gray Whale Law be your trusted partner in realizing your US business and immigration aspirations.
Frequently Asked Questions
Related to Immigration for Founders
The US offers several visa options for founders, business owners, working professionals, and investors. Options are categorized according to their potential for long-term, permanent residency (immigrant visas) or their temporary nature (nonimmigrant visas). Non-immigrant visas that may be relevant for such individuals include the E-1 Treaty Trader, E-2 Treaty Investor, L-1A Intracompany Transferee, H1-B, O-1. Among immigrant visas options to consider include the EB-5 Immigrant Investor Program, EB-1 for Priority Workers, and EB-2 for individuals with exceptional ability or advanced degrees.
Gray Whale Law can help you determine the best visa for your specific situation.
Most employment-based categories require that the petitioner be the employer or the “sponsor”, and the noncitizen be the beneficiary. But there are statuses and pathways that allow an individual to self-petition. That is why GWL identifies them as potential options for founders/leaders. For more information on these statuses and pathways, contact us and/or see our section for employers.
US immigration law is not structured in an accessible way, nor does it conform with modern realities. The first step is to schedule a consultation with an experienced immigration attorney. They can provide a great deal of support given that these statuses and applications are quite complex.
The required supporting documentation varies depending on the specific visa type but generally includes copies of civil documents (including passport, birth certificate, etc), documents verifying education and employment history, business plans, financial records demonstrating investment funds or business viability, proof of qualifications, and other supporting documents. Gray Whale Law provides you with a detailed checklist of required documents tailored to your specific visa application.
The processing time for business immigration visas can vary significantly depending on the visa type, the specific embassy or consulate, and current USCIS processing times. Premium processing may be available for an additional fee, expediting the government’s review. Non-immigrant visas like E-2 and L-1A may be processed relatively quickly, while immigrant visas like EB-5 can take much longer. Gray Whale Law will help you to understand a realistic timeline for your individual application and keep you informed throughout the process.