A business visa or green card allows foreign entrepreneurs, investors, and skilled professionals to live and work in the US for business purposes. Temporary business visas, such as the E-2 Treaty Investor Visa and L-1 Intracompany Transfer Visa, permit individuals to manage investments or work for multinational companies. For those seeking permanent resident status, employment-based green cards, such as the EB-1 for extraordinary ability, EB-2 for advanced degree holders, and EB-5 for investors, offer a path to a US green card.

In reality, US processing times vary, and applications can face delays due to administrative review or changes in US immigration policy. Proper documentation, legal guidance, and understanding the visa conditions help applicants To improve your chances of approval and long-term success in the US, speak to our US immigration attorneys.

 

Business Visa to Green Card?

 

Under a nonimmigrant visa, including the B-1 visa, you will only be permitted to stay in the United States for a time-limited period. As such, you will not generally be permitted to apply for a Green Card as a B-1 visa holder.

However, some nonimmigrant visas are known as “dual intent” visas. A dual intent visa is where a non-US national is able to enter the USA with temporary status but the visa route allows the holder to apply for an immigrant (permanent) visa where they meet the eligibilty criteria. In other words, they are allowed to apply to transfer to lawful permanent residence status while in the USA, notwithstanding that they entered the country for the purposes of a limited stay only.

The B-1 visa does not have dual intent. A possible route instead may be to consider applying to change your status to a visa with dual intent, which in turn will open up a path to a Green card. If you are currently in the United States in a lawful nonimmigrant status, you may file Form I-129 to request a change of status to a different classification, and provide supporting evidence of your eligibility under the new visa category.

This could include applying for the H-1B visa, for graduate level workers in speciality occupations that require theoretical or technical expertise, or an O-1 visa for those who are exceptionally talented and at the top of your field.

However, in either case you would first need the offer of a job and have a US sponsor in place to file a petition on your behalf.

You could also consider, by way of alternative, the E-2 nonimmigrant visa. Although the E-2 visa is not strictly speaking a dual intent visa, it does not preclude an E-2 visa holder from filing an adjustment of status petition (see below).

 

E-2 visa rules

 

The E-2 visa, or the Treaty Investor visa, is a nonimmigrant work visa for nationals of countries with which the USA maintains a treaty of commerce and navigation, and who wish to invest a substantial amount of capital in a US enterprise. Essentially, the E-2 visa is for individuals looking to buy into a business in the USA, or to invest in a brand new start-up business.

As a foreign investor, under an E-2 visa you will be allowed to enter the US for the purpose of directing the operations of an enterprise in which you have invested, or are actively in the process of investing, a substantial amount of capital. There is no legal investment minimum, although in practice you will probably need at least US$100,000 to US$150,000.

Although the E-2 investor visa does not automatically lead to a green card, it does open up potential options. Further, as an E-2 investor, you are also able to renew your visa indefinitely if your business continues to function successfully, although you must continue to express an unequivocal intent to return to your country of residence when your E-2 visa expires.

 

Which US business visas lead to a Green Card?

 

For E-2 investors one of the most popular “green card” routes is under the EB-5 Investor Program, assuming you have more money to invest. The EB-5 route requires an investment of $1 million, or $500,000 in a rural area or area of high unemployment, in a new commercial enterprise that will benefit the US economy and create at least 10 full-time positions for qualifying employees.

Further, you will only initially be granted what’s known as “conditional permanent residence”, whereby additional steps will need to be taken within 2 years of obtaining this status to remove these conditions. Here, the US government essentially wants to confirm that the investment was successful.

To apply for an EB-5 green card, you would need to file Form I-526, Immigrant Petition by Alien Entrepreneur. Once your petition had been approved, you would then need to file Form I-485, Application to Register Permanent Residence or Adjust Status. It is crucial, however, that you work with a qualified immigration attorney as you must carefully orchestrate the timing of each application to maintain valid immigration status.

Further, under US immigration law, you are prohibited as an E-2 applicant from applying through the adjustment of status process without waiving certain legal rights provided in the E-2 treaty trade agreement.

As such, you will additionally need to file Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. Given that this may affect your tax liability and other benefits under the E-2 treaty program, you should again seek expert legal advice before submitting your application.

For those without the funds to invest, there are alternatives to the EB-5 Immigrant Investor Program when seeking lawful permanent residence. Indeed, many entrepreneurs may be eligible to apply for a green card through the EB-1A Extraordinary Ability or EB-2 National Interest Waiver (NIW) categories.

The EB-1A category is for those who have risen to the top of their field in the sciences, arts, education, business or athletic fields, where the applicant intends to work in that field in the US, while the EB-2 NIW category is available to individuals who are able to demonstrate that they are looking to take on an endeavour with both substantial merit and national importance.

These paths to permanent residence offer entrepreneurs alternatives that relieve them of some of the burdens involved with the EB-5 program. These categories do not require any investment, and they offer immediate paths to permanent residence, with no need to remove conditions.

 

Can you extend your stay as a business visitor?

 

The Business Visitor Visa is a nonimmigrant visa for those travelling to the US temporarily to engage in business activities, such as attending a conference or seminar, or other legitimate activities of a commercial or professional nature. This can include the following:

 

• Consulting with business associates
• Travelling for a scientific, educational, professional or business convention on specific dates
• Settling an estate
• Negotiating a contract
• Participating in short-term training.

 

To qualify for this category of visa you will also be required to show an intent to return to your country of residence at the end of your stay.

Having been granted a B-1 visa, border officials at the port of entry must still authorise your admission to the USA. Where permitted, you will be admitted for the period necessary to carry out your business activities, typically between 1 to 6 months, although you may be able to extend this period for a total stay of up to 1 year. If you wish to stay beyond the time indicated on your Form I-94, ie; your arrival/departure record, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with US Citizenship and Immigration Services (USCIS) before your authorized stay expires.

Having determined what date your authorized stay expires from your Form I-94, you should apply at least 45 days before the expiry date. You can apply to extend your stay if you satisfy the following criteria:

 

• You were lawfully admitted into the US with a nonimmigrant B-1 visa
• Your nonimmigrant B-1 visa status remains valid
• You have not committed any crimes that make you ineligible for a visa
• You have not violated the conditions of your admission
• Your passport is valid and will remain valid for the duration of your stay.

 

If you are applying to extend your stay, you will need to explain the basis of your application and provide the reasons why your extended stay would still be temporary, including what arrangements you have made to depart from the United States at the end of your trip.

 

Need assistance?

 

NNU Immigration’s specialist US immigration attorneys can help with all Green Card applications, including advice on eligibility and the application process.

If you have a specific question or require support with your application, please get in touch contact us.

 

Business visa to Green Card FAQs

 

What is a business visa for the US?

A business visa allows foreign entrepreneurs, investors, or professionals to enter the US for business-related activities, such as managing investments, opening a company, or working for a multinational firm.

 

What is the difference between a business visa and a green card?

A business visa is temporary and allows individuals to stay in the US for a limited period, while a green card grants permanent residency, allowing individuals to live and work in the US indefinitely.

 

Which business visa options are available for the US?

Common business visas include the E-2 Treaty Investor Visa for entrepreneurs, the L-1 Visa for intracompany transfers, and the H-1B Visa for skilled professionals working in specialized fields.

 

How can I get a green card through business or investment?

The EB-5 Immigrant Investor Program allows individuals to obtain a green card by investing at least $800,000 in a US business that creates jobs The EB-1 and EB-2 green cards are available for highly skilled professionals and entrepreneurs with exceptional abilities.

 

Do I need a US sponsor for a business visa or green card?

Most work-related visas require a US employer to sponsor the applicant, but investor visas like the E-2 and EB-5 allow self-sponsorship if the individual meets the investment and job creation requirements.

 

How long does it take to get a business visa for the US?

Processing times vary depending on the visa category and applicant’s country of origin Some visas, like the E-2, can be approved in a few weeks, while others, like the L-1 or H-1B, may take several months.

 

Can I change my business visa to a green card while in the US?

Some business visas, such as the L-1 and H-1B, allow individuals to apply for a green card through employer sponsorship or investment The E-2 visa does not directly lead to a green card, but applicants may explore other pathways.

 

Can my family accompany me on a business visa or green card?

Most business visas allow spouses and children under 21 to accompany the primary visa holder on dependent visas Some green card categories also include family members in the application.

 

What are the biggest risks of applying for a business visa or green card?

Applicants must ensure they meet the investment, employment, or sponsorship requirements Denials can occur due to insufficient documentation, failure to meet financial thresholds, or policy changes.

 

Can I work in the US with a business visa?

Certain business visas, such as the E-2 and L-1, allow individuals to work for their own company or employer in the US The B1 Business Visitor Visa does not permit employment and only allows temporary business-related activities.

 

What happens if my business visa or green card application is denied?

Applicants may be able to appeal or reapply with stronger documentation Consulting an immigration attorney can help determine the best course of action.

 

Glossary

 

 

Term	Definition
Business Visa	A temporary visa allowing foreign entrepreneurs, investors, or professionals to enter the US for business-related activities.
Green Card	A permanent residency document that allows individuals to live and work in the US indefinitely.
E-2 Visa	A treaty investor visa allowing individuals to live and work in the US by investing a substantial amount in a US business.
L-1 Visa	A visa that allows multinational companies to transfer executives, managers, or specialized employees to a US branch or subsidiary.
H-1B Visa	A nonimmigrant visa for highly skilled professionals working in specialized fields such as technology, finance, or healthcare.
EB-5 Immigrant Investor Program	A green card pathway for investors who invest at least $800,000 in a US business that creates jobs for US workers.
EB-1 Green Card	An employment-based green card for individuals with extraordinary abilities, outstanding professors, or multinational executives.
EB-2 Green Card	A green card for professionals with advanced degrees or exceptional ability in their field.
USCIS (United States Citizenship and Immigration Services)	The government agency responsible for processing visas, green cards, and other immigration applications.
B1 Visa	A temporary business visitor visa allowing individuals to attend meetings, negotiate contracts, and conduct business activities without employment.
Investment Threshold	The minimum amount of money required to qualify for certain investor visas such as the E-2 and EB-5.
Visa Sponsor	A US employer or organization that files a petition for an individual to obtain a work-related visa.
Dependent Visa	A visa allowing spouses and children under 21 to accompany the primary visa holder to the US.
Change of Status	The process of switching from one visa category to another while remaining in the US.
Dual Intent Visa	A visa category that allows holders to apply for permanent residency while in the US, such as the L-1 or H-1B visa.
Consular Processing	The procedure of applying for a visa or green card at a US embassy or consulate outside the US.
Administrative Processing	A background check or additional review that can delay visa approval.
Visa Denial	A rejection of a visa application due to ineligibility, lack of documentation, or security concerns.
Port of Entry	The location where a visa holder enters the US and is inspected by Customs and Border Protection (CBP).