What this guide covers
The categories a foreign founder meets, the difference between the visa that lets you enter and the status that lets you stay, and the events that move a status with no agency giving notice. It is the most determining subject of a market entry, and the one where approximate information costs the most.
What exists
E-2, treaty investor
Assumes a substantial investment in a real and operating business, and the nationality of a country holding a commerce treaty with the United States. France, Belgium, Switzerland and Morocco qualify; so does Canada. No statute fixes the amount: it is assessed against the cost of the business in question.
L-1, intra-company transfer
For a manager, executive or specialised-knowledge employee transferred from a related foreign entity. Assumes a minimum period of employment in the originating entity, and an ownership link between the two companies.
O-1, extraordinary ability
Built on an evidence file: awards, publications, press coverage, a critical role in recognised organisations. No investment required, but the file takes long to assemble.
EB-5, immigrant investor
A route to permanent residence, with investment and job-creation thresholds set by statute and revised periodically. Long timeline and heavy procedure.
H-1B, specialty occupation
Subject to an annual cap and a lottery. Assumes a sponsoring employer, which makes it a hard route for a founder who would be their own employer.
What surprises people arriving from Europe or Quebec
A visa and a status are two different things. In France, Belgium or Quebec one residence permit does both; here a valid visa does not imply a valid status, and the reverse also holds. Many categories also tie the status to the company itself: if its form, ownership or activity changes, the status can move.
Where it gets complicated
Treaty-based categories depend on NATIONALITY, not residence and not language. A Quebecer and a French national are not eligible for the same routes, and most French-language material on the subject is written for the French. It is the most frequent mistake we see in the network.
Official sources
- U.S. Citizenship and Immigration Services, uscis.gov
- Department of State, US visas
- Department of State, E-1/E-2 treaty countries
- USCIS, current processing times
What French Executive Network can do
Introduce you to the French-speaking business lawyers, accountants and tax advisers in the network who handle this subject, and to the members who have already been through it.