Visa options

[cerealkey]

Hello, let me explain my situation so that I can understand which path is suitable for obtaining a visa for the United States. I am 36 years old, do not have a degree, and I am a resident of Italy. I have a Startup in Texas since 2018 (formerly INC), converted to an LLC last year (I am the majority partner). It is an online service-based business, and our website was launched only in February, so we don't have actual revenue yet. I have invested over $30,000 in various expenses so far. Which visa would be advisable to apply for, E2 or O1?

thanks

[RichardGravener]

Hello, let me explain my situation so that I can understand which path is suitable for obtaining a visa for the United States. I am 36 years old, do not have a degree, and I am a resident of Italy. I have a Startup in Texas since 2018 (formerly INC), converted to an LLC last year (I am the majority partner). It is an online service-based business in decorative concrete Utah, and our website was launched only in February, so we don't have actual revenue yet. I have invested over $30,000 in various expenses so far. Which visa would be advisable to apply for, E2 or O1?

thanks

Based on the information you provided, both the E-2 visa and the O-1 visa could potentially be options for you to consider. Let's explore each of them:

1. E-2 Visa: The E-2 visa is an investor visa that allows individuals from certain treaty countries to start or acquire a business in the United States. To qualify for an E-2 visa, you need to make a substantial investment in a U.S. enterprise and demonstrate that the investment is more than a marginal one, meaning it has the capacity to generate significant income and employ U.S. workers. However, one of the key requirements for an E-2 visa is that the applicant must be a national of a treaty country. You mentioned that you are a resident of Italy, so you would need to check if Italy has an E-2 treaty with the United States.
2. O-1 Visa: The O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify for an O-1 visa, you would need to demonstrate extraordinary ability in your field of expertise, which can be shown through sustained national or international acclaim. This visa is typically suitable for individuals who have achieved significant recognition or have made substantial contributions in their field. While having a degree is not a strict requirement for the O-1 visa, it may be helpful in demonstrating your expertise and extraordinary ability.

Considering your situation, if you have substantial evidence of your extraordinary ability and achievements in your field of business, the O-1 visa could be a suitable option. However, if you do not meet the criteria for the O-1 visa or if Italy has an E-2 treaty with the United States, the E-2 visa could be an alternative for you.

It's important to note that the visa application process can be complex, and it's advisable to consult with an immigration attorney who specializes in U.S. visas to assess your specific circumstances, provide personalized guidance, and assist you throughout the application process. They will be able to provide you with the most accurate and up-to-date information based on your situation.

[ColbyLawson]

Hi there! The US visa process can be tricky, so I can't give specific advice. But based on what I've learned, here's a breakdown that might help you decide between an E-2 and an O-1 visa: E-2 Treaty Investor Visa: Pros: Potentially a good option if you can show your investment is substantial relative to the business and will create jobs in the US. Cons: Requires a showing of already established business operations and some revenue might help your case. O-1 Visa for Individuals with Extraordinary Ability: Pros: Might be an option if you can demonstrate extraordinary ability in your field relevant to the startup. Cons: Can be competitive and requires extensive documentation proving your achievements.