The E2 visa has been growing in popularity among celebrities in recent years. At Visa Franchise, we have worked with actors, athletes as well as influencers with millions of followers. The reasons for this are clear: the e2 visa offers a number of advantages over other types of visas, including the o1 visa entrepreneur.

In this blog post, we will discuss the differences between e2 and o1 visas, some of the key advantages of the e2 visa, and why so many celebrities are choosing the E2 visa over other options.

What is an O1 visa entrepreneur for extraordinary ability?

O1 visa is a nonimmigrant visa available to foreign nationals who have extraordinary ability in the arts, sciences, education, business, or athletics. A foreign employer or agent plays a crucial role in the application process, ensuring the applicant’s qualifications and compliance with government requirements. Its main characteristic is that it is a temporary visa, meaning that holders can only stay in the United States for a limited period of time while demonstrating their critical or essential capacity within a prestigious organization.

Requirements of the O1 visa entrepreneur: major internationally recognized award

There are a few important requirements in order to qualify for an O1 visa entrepreneur. Business related contributions, such as significant original contributions to entrepreneurship, patents, influential publications, and recognitions from notable figures, are crucial in demonstrating the applicant’s extraordinary ability.

Receiving internationally recognized prizes can demonstrate significant achievements and recognition in the applicant’s field.

– The applicant must demonstrate that they have a high level of achievement in their field.

– The applicant must be coming to the United States to participate in activities at the same level.

– The o1 visa is generally valid for three years and can be renewed once.

Another important fact about the o1 visa is that it is a dual intent visa. This means that the holder of an o1 visa can have the intention of immigrating to the United States permanently while still holding valid status on their o1 visa.

How to apply for an o1 visa:

The o1 visa is a type of visa that is reserved for people with extraordinary abilities in their field. In order to apply for an o1 visa, you must first have a job offer from a US employer.

You will also need to submit evidence of your extraordinary ability, which can include awards, publications, and media coverage. Publications in major media are particularly important as they enhance credibility and visibility, demonstrating your expertise and contributions in your specific field. Many startup founders qualify for the O-1A visa by demonstrating extraordinary ability and participating in recognized accelerators like Y Combinator or 500 Startups.

Once you have gathered all the required materials, you will need to fill out an online application and submit it to the US embassy or consulate nearest you.

O-1 Visa entrepreneur Processing Time: Timeline and Expectations

When applying for an O-1 visa entrepreneur, understanding the processing time and what to expect can help you plan accordingly. The timeline can vary based on several factors, including the workload of the United States Citizenship and Immigration Services (USCIS) and the complexity of your application. Here’s a general outline of the O-1 visa processing time:

• Premium Processing: For those who need a quicker decision, premium processing is available for an additional fee. This option guarantees a decision within 15 calendar days, making it ideal for applicants on tight schedules.
• Regular Processing: Without opting for premium processing, the USCIS typically takes between 3 to 6 months to adjudicate an O-1 visa petition. This timeframe can vary depending on the specifics of your case and the current workload of the USCIS.
• RFE (Request for Evidence) Response Time: If the USCIS requires additional information, they will issue a Request for Evidence (RFE). Applicants have 12 weeks to respond to an RFE. Once the response is submitted, the USCIS will review the additional information and make a decision.
• Approval Notice: Upon approval of the petition, the applicant will receive an approval notice. This document includes the start and end dates of the O-1 visa validity period.
• Visa Interview: After receiving the approval notice, the next step is to schedule a visa interview at a U.S. embassy or consulate. Typically, interviews are scheduled within 1 to 2 weeks, depending on the availability of appointments.

It’s important to note that various factors can influence the O-1 visa processing time, such as the quality of the application, the USCIS workload, and the complexity of the case. Working with an experienced immigration attorney can help ensure a smooth and efficient application process, minimizing delays and increasing the likelihood of approval.

Qualifying for O-1 Visa as a Startup Founder: Meeting the Eligibility Criteria

For startup founders, qualifying for an O-1 visa involves demonstrating extraordinary ability in the field of business. This requires providing substantial evidence of your achievements and contributions. To meet the eligibility criteria, you must present evidence of at least three of the following:

• Major Internationally Recognized Award: Receipt of a major internationally recognized award or prize for outstanding achievement in your field.
• Membership in Associations: Membership in associations that require outstanding achievements of their members, as judged by national or international experts.
• Published Material: Published material about you in major trade publications or other major media, relating to your work in the field for which classification is sought.
• Original Contributions: Original contributions of major significance in the field, such as business-related contributions that have had a significant impact on the industry.
• Authorship of Scholarly Articles: Authorship of scholarly articles in professional or major trade publications or other major media.
• High Salary or Remuneration: A high salary or other significantly high remuneration for services, as compared with others in the field.
• Participation as a Judge: Participation as a judge of the work of others in the same or an allied field.
• Critical or Essential Capacity: Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

Startup founders can demonstrate extraordinary ability by showcasing their achievements in the business world. Here are some examples of how you can meet these criteria:

• Startup Success: Founding a successful startup that has gained significant traction and recognition in the industry.
• Innovative Solutions: Developing innovative solutions that have had a major impact on the industry.
• Leadership Roles: Holding leadership roles in prominent organizations or associations in the field.
• Media Coverage: Receiving media coverage in major publications or outlets, highlighting your achievements and expertise.

By providing strong evidence of these achievements, startup founders can effectively demonstrate their extraordinary ability and qualify for an O-1 visa. This visa not only allows you to live and work in the United States but also serves as a stepping stone to permanent resident status, making it an attractive option for those looking to establish themselves in the U.S. business landscape.

What is an E2 Visa?

E2 visa is a nonimmigrant visa available to foreign nationals who are coming to the United States to invest in a business

Requirements of the E2 visa:

There are a few important requirements in order to qualify for an e2 visa:

– The applicant must have a substantial amount of money invested in the business.

– The applicant must be from a country that has a treaty with the United States.

– The e2 visa is generally valid for two years and can be renewed indefinitely.

E2 Visa Substantial Investment Requirements:

There is no set definition of what a “substantial amount of money” is, but generally speaking, it should be enough to start and sustain the business. It is important for you to have a detailed business plan to show how the investment will be used.

The USCIS will also consider the nature of the business and the amount of money required for that particular type of business.

Why is the E2 visa so requested?

The e2 visa is a popular visa choice for entrepreneurs and investors because it offers several advantages over other types of visas.

Some of the advantages of the e-visa include:

– Shorter waiting times

– Less paperwork

– Reciprocity agreements with many countries

– The e2 visa is available to employees, as well as business owners and investors

– Flexibility in the business (do not have to work in the U.S. entertainment industry or athletics)

Benefits of having an E2 visa:

There are a number of benefits that come with having an e2 visa.

– One benefit is that the e2 visa holder can bring their spouse and unmarried children under the age of 21 to the United States.

– Another benefit is that e2 visa holders can live and work in the United States indefinitely as long as they maintain their investment in the business.

– The E-2 has historically high approval rates compared to other visas.

-Can renew indefinitely as long as the business stays open

Approval data for the e2 visa and the o1 visa:

According to data from the US Department of State, the e2 visa has a 90%+ approval rate, while the o1 visa has an approval rate of 85%.

Key Differences Between E-2 and O-1 Visas

When it comes to choosing the right visa for startup founders, two popular options are the E-2 and O-1 visas. While both visas offer a pathway to live and work in the United States, there are key differences between them that can influence the decision-making process.

The E-2 visa is a non-immigrant visa that allows foreign nationals to enter the United States for the purpose of directing and developing a business in which they have invested a substantial amount of capital. To qualify for an E-2 visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States, and the business must meet certain requirements, such as being a real and operating enterprise.

On the other hand, the O-1 visa is a non-immigrant visa reserved for individuals with extraordinary ability in the sciences, education, business, or athletics. To qualify for an O-1 visa, the applicant must demonstrate extraordinary ability through a combination of criteria, such as receiving a major internationally recognized award, being a member of associations that require outstanding achievements, or having published scholarly articles in major trade publications.

One of the main differences between the E-2 and O-1 visas is the eligibility criteria. The E-2 visa requires a substantial investment in a business, while the O-1 visa requires the applicant to demonstrate extraordinary ability in their field. Additionally, the E-2 visa is typically valid for a shorter period of time than the O-1 visa, which can be valid for up to three years.

Another key difference is the pathway to permanent resident status. The E-2 visa does not offer a direct pathway to permanent resident status, while the O-1 visa can be a stepping stone to obtaining a green card through the EB-1 program. This makes the O-1 visa a more attractive option for those looking to eventually secure permanent residency in the United States.

Why Do Celebrities Prefer the E2 Visa Over Other Visas?

There are a number of reasons why celebrities prefer the e2 visa over other visas. First, the e2 visa offers a shorter path to citizenship than other options. For many celebrities, who often travel back and forth between the United States and their home countries, the e2 visa allows them to maintain their permanent resident status while spending less time in the United States.

Additionally, the E2 visa does not require that the applicant have a specific job or position in order to qualify, which makes it more flexible than other types of visas.

Finally, the e2 visa has lower investment requirements than other types of visas, making it more accessible to people who may not have as much money to invest.

Another advantage of the E2 visa is that it does not require applicants to demonstrate extraordinary abilities in their field.

Another Key advantage: Longer Visa Reciprocity

First of all, visa reciprocity is the agreement between two countries that allows citizens of each country to enter the other country with a valid visa. The e2 visa often has a different reciprocity than the o1 visa, meaning that e2 visa holders can stay in the United States for a longer period of time before having to renew their visas. For people who often travel back and forth between the United States and their home countries, this is a significant advantage.

For example, Mexico’s E2 visa reciprocity is of 48 months, while the O1 visa only gives you a maximum stay of twelve months. This is a big difference and one of the reasons why celebrities often choose the e2 visa over other types of visas.

Reciprocity schedule by countries:

In order to qualify for an e2 or o1 visa, your home country must have a treaty of commerce and navigation with the United States. Not all countries have this treaty, so it’s important to check the reciprocity schedule to see if your country is on the list.

You can see below the list of countries with their periods:

Reciprocity Schedule

The E2 visa also offers shorter wait times

Another advantage of the e2 visa is that it generally has shorter wait times than other types of visas. For people who are often on tight schedules, this can be a significant advantage.

The e2 visa also requires less paperwork than other types of visas, making it simpler and faster to apply for.

E2 visa process:

The e-visa process is relatively simple. After investing in a business, the applicant must submit a visa application to the United States Citizenship and Immigration Services (USCIS).

If the application is approved, the applicant will receive an e2 visa, which will allow them to enter the United States.

Once in the United States, the e2 visa holder can apply for a work permit, which will allow them to work in the United States indefinitely.

E2 visa holders can also apply for permanent residency status after two years of holding e2 status. To do this, they must file an immigrant petition with USCIS and demonstrate that they have maintained their investment in the business. If approved, they will be granted permanent residency status and will be able to live and work in the United States indefinitely.

The e2 visa process generally takes between two and four months.

Can I Get an E2 Visa as an Employee of an E2 Business?

The e2 visa is available to employees of e-visa businesses, as well as to investors and business owners.

To qualify for an e2 visa as an employee, you must be a key employee of the company who is essential to the operation of the business. You must also have a specialized skill set that makes you indispensable to the business.

If you are applying for an e2 visa as an employee, you will need to provide evidence that you meet these qualifications. This can include your resume, job offer letter, and letters of recommendation from your employer.

Classes of employees that can get an E2 visa for a critical or essential role:

There are three classes of employees that can qualify for an e-visa:

– managerial employees,

– executives,

– essential skills employees.

Managers are responsible for supervising and controlling the work of other employees. They must have the authority to hire, fire, and promote employees. Executives are high-level managers who typically have broad decision-making authority within the company. Essential skills employees are those whose skills are essential to the operation of the business. These workers must have highly specialized skills that make them indispensable to the company.

Choosing the Right Visa

Choosing the right visa for startup founders can be a complex and daunting task. Both the E-2 and O-1 visas offer unique benefits and requirements, and the right choice will depend on the individual’s circumstances and goals.

For startup founders who have invested a substantial amount of capital in a business, the E-2 visa may be a good option. This visa allows them to direct and develop their business in the United States, providing a flexible and renewable option for those looking to grow their enterprise. However, for those who have demonstrated extraordinary ability in their field, the O-1 visa may be a better fit. This visa recognizes individuals with outstanding achievements and can serve as a stepping stone to permanent resident status.

It’s essential to consult with an immigration attorney to determine which visa is the best option for your specific situation. They can help you navigate the complex application process and ensure that you meet the eligibility criteria for the chosen visa. An attorney can also provide guidance on other visa options available for startup founders, such as the L-1 visa for intracompany transferees and the H-1B visa for specialty occupations. Each visa has its own unique requirements and benefits, and the right choice will depend on the individual’s circumstances and goals.

Ultimately, choosing the right visa requires careful consideration and planning. By consulting with an immigration attorney and understanding the eligibility criteria and benefits of each visa, startup founders can make an informed decision and achieve their goals of living and working in the United States.

Conclusion:

The e2 visa is generally considered to be a better option for entrepreneurs and investors than the o1 visa. If you are an entrepreneur or investor considering coming to the United States to start a business, the e2 visa may be the best option for you.

However, it is important to consult with an experienced immigration attorney to discuss your specific situation and make sure you are eligible for this visa. So, if you meet the qualifications for an e2 visa, we encourage you to begin the application process today.

We hope this article has been helpful in explaining some of the advantages of the e2 visa and the differences between this and the o1 visa. If you have any questions about this visa category, please contact us today.