EB-6 Visa- American Visa for Small Business Owners/Entrepreneurs, Apply Now

EB-6 Visa

EB-6 Visa was initially called start-up” visa. The U.S. is known as the land of opportunity. These  opportunities has been extended to those that are looking to create and grow their business in the US.

EB-6 Visa is for entrepreneurs with the zeal to grow and extend their business in the United States. On July 16th, 2017, the Department of Office of Homeland Security released the ultimate rule on the EB-6 visa for international entrepreneurs, giving a chance to people who are looking to start up a business of their own within the U.S.

What is Startup Visa USA?

The startup visa was a proposed amendment to the U.S. immigration law to create a visa category for foreign entrepreneurs who have raised capital. (Startup Visa Act of 2011, as introduced on March 14, 2011).

What is EB-6 Visa category?

The EB-6 is specifically designed for entrepreneurs coming to the US to launch or operate a newly formed business. The Visa allows foreign entrepreneurs to remain in the U.S. for a period of up to 30-months, which can be extended to even (5) five years.

How can I get US entrepreneur visa?

The non-immigrant visa is available for an initial three-year period to a foreign-born entrepreneur who owns at least 10 per cent of the startup. As an applicant of start up visa, you must play a ‘central and active role’ in the company, and has raised at least $250,000 as qualifying investments. The good news is that, multiple co-founders can apply for this visa.

EB-6 Visa International Entrepreneur Rule

Before now,  the EB-6 Visa was not in functional. The Entrepreneurial people will have  to enter the U.S. either as a students, family members, workers, or refugees. In May 2021 under the Biden administration the Department of Homeland Security (DHS) reintroduced the IER to grant temporary entry to qualified foreign nationals based on their role as an entrepreneur of a recently formed start-up business.

So  Before 2017, there was no EB-6 Visa for international entrepreneurs. Now, The International Entrepreneur Rule  is designed to create a clear pathway for high-potential entrepreneurs to stay in the U.S. and grow new companies.

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EB-6 Visa Rules and Eligibility

To qualify for the USA EB-6 Visa, you must meet the following criteria:

  • The entrepreneur must have a significant ownership stake in the startup (initially at least 10% ownership).
  • The entrepreneur must play an active and central role in the startup operations.
  • The startup must have been formed in the U.S. within the past 5 years.
  • The startup must be able to show that they have the potential for rapid business growth and job creation. There are three ways that a business can prove its economic potential:
    • A significant capital investment (more than $250,000) from U.S. investors
    • Awards or grants (more than $100,000) from U.S. government agencies, or
    • Other reliable and compelling evidence, e.g. admission into startup accelerators.

How to Apply for the US EB-6 Visa?

Many international entrepreneurs would really like to legally relocate to the US if they can find a visa category that suits them. The new America EB-6 Visa might be the answer to what they are looking for.

To apply for the US EB-6 Visa:

  • You must file Form I-941, Application for Entrepreneur Parole. You must pay the required fees. The form filing fee  is $1,200 and the biometric services fee is $85.
  • Filing and obtaining approval of a Form does not in any way guarantee that you will be selected.
  • If your Form application is approved, you must visit a U.S. consulate in your country to obtain travel documentation (e.g., a boarding foil) before you go to  a U.S. port of entry for a final parole determination.
  • A Canadian citizen traveling straight from Canada to a U.S. port of entry may present an approved form at the U.S. port of entry without first obtaining travel documentation.
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EB-6 Visa Application for Travel Document

  • The spouse and children (unmarried, minor child under 21 years of age) of an entrepreneur may file Application for Travel form. The applicant is also expected to pay  the required application fee and biometrics services fee.
  • The filing fee for  EB-6 Visa application for travel form  is $575. A biometric services fee of $85 is required for applicants  at age14 through 79 years of age. The form is filled by the spouse or child of an entrepreneur.
  • You must file the Form with evidence of demonstrating that you are the dependent spouse or child of an Entrepreneur Parolee or an Applicant for Entrepreneur Parole.

EB-6 Visa Application documents:

  • A copy of a marriage certificate or birth certificate establishing your relationship to an Entrepreneur Parolee or an Applicant for Entrepreneur Parole.
  •  Documentation indicating that the entrepreneur is a parolee. Such documentation may include a copy of:
    •  Notice of Action, indicating USCIS’ receipt of the entrepreneur’s Form
    • The entrepreneur’s authorization for Parole of an Alien into the United States
    • Arrival-Departure Record, indicating that the entrepreneur has been paroled into the United States.

EB-6 Visa Application for Employment Authorization

  • If the EB-6 Visa application for travel document is approved, and the spouse of the entrepreneur is paroled into the United States, the spouse may then apply for employment authorization by filing Application for Employment Authorization.
  • Children of the entrepreneur will not be eligible to apply for employment authorization under this rule.
  • Note: If a Form  is submitted to USCIS before the spouse has been paroled into the United States, the application may be denied and fees may not be returned.

EB-6 Visa Application Form For Guidance

A foreign entrepreneur granted EB-6 Visa may be an employer or an employee. Those who are employees will be required to complete EB-6 Visa application form for Guidance and as well provide Employment Eligibility Verification.

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Pros

The EB-6 visa is an “employment based parole” status. It’s not limited to nationals of certain treaty countries, and it doesn’t require a consulate-issued visa so as to be permitted entry into the United Sates.

Cons

Unlike its other EB visas, the EB-6 isn’t an avenue to permanent residency. The rules of the Visa states that the Parole Program for International Entrepreneurs will allow you and your spouse to enter with work authorization and stay for up to 30 months.

Which might be extended to a maximum of up to five years with re-parole, but you’re not eligible for an adjustment of status that might grant you permanent residency.

Can I get an EB-6 Visa?

It is estimated that approximately 3,000 entrepreneurs will qualify annually for US entry under this new parole rule.

To learn more about obtaining an EB-6 visa or help with preparing your application, contact The U.S. Citizenship and Immigration Services. You will know if your are  eligible for an EB-6 Visa after a full evaluation

General Eligibility EB-6 Visa

The EB-6 visa isn’t automatic; any entrepreneur that would need an EB-6 Visa must prove itself and meet certain thresholds that revolve around jobs creation or revenue in the US.

  • One of the major requirements  is that any EB-6 applicant must have a start-up worth a minimum of $500,000   or a certified seed accelerator that has invested a minimum of $100,000.
  • There is also provision for self-funded investments that cause jobs.
  • The entrepreneur must show that within a two-year period, the business created full-time jobs for five or more U.S. workers; raised an extra $2 million in capital investment; earned $1 million in revenue; or created full-time jobs for 3 U.S. workers with salaries of $100,000,” disclosed the National Law Review.

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