Can You Get a Green Card By Opening a Business and Employing People?

Starting a business in the U.S. is often seen as a golden ticket—an exciting way to create opportunities, contribute to the economy, and build a future here.

But one of the biggest questions I hear is: Can opening a business and employing people actually help you get a green card?

The short answer: yes, it can—but it’s not as simple as just registering a company and hiring staff.

The U.S. immigration system has very specific requirements, and while entrepreneurship can be a pathway, it usually depends on the type of visa you start with and how you structure your business.

Let’s walk through how this works in plain English.

Opening a Business Alone Doesn’t Automatically Grant a Green Card

First, I want to clear up a common misconception: just filing paperwork for an LLC or corporation in the U.S. won’t give you legal immigration status.

Anyone, even someone outside the U.S., can open a business here. But owning a company doesn’t mean you can legally live or work in the country.

That’s where visas and immigration categories come into play. If your ultimate goal is a green card, you need to think beyond just “starting a business” and look at the visa or residency pathway that fits your situation.

Immigration Pathways Where Business Ownership Plays a Role

Here are the main ways entrepreneurs and business owners can move toward permanent residency:

1. The EB-5 Immigrant Investor Program

This is the most well-known “business + green card” option. With EB-5, you invest in a U.S. business and create jobs for American workers.

• Investment requirement: Typically $1.05 million, or $800,000 if the business is in a targeted employment area (rural or high-unemployment region).

• Job creation requirement: At least 10 full-time jobs for U.S. workers within two years.

• Green card potential: If your investment and job creation meet the requirements, you and your immediate family can get conditional green cards, which can later become permanent.

This route is often used by wealthy investors, but it’s not the only option.

2. EB-2 National Interest Waiver (NIW)

This is great for entrepreneurs who might not have millions to invest but are building something valuable for the U.S. economy.

• If your business has the potential to benefit the country significantly (say, by advancing technology, creating jobs, or improving infrastructure), you can request a “waiver” of the usual job offer requirement.

• Essentially, you’re saying: “My business is in the national interest, so I should be allowed to get a green card without an employer sponsoring me.”

• You still need to show that your venture has strong potential, but it’s much more accessible than EB-5 for many entrepreneurs.

3. Transitioning From a Work Visa to a Green Card

Some entrepreneurs come to the U.S. first on a temporary visa, then later use their business to move toward permanent residency. For example:

• E-2 Treaty Investor Visa: If you’re from a country that has an investment treaty with the U.S., you can get an E-2 visa by investing in and actively managing a U.S. business. The E-2 itself isn’t a green card, but some people later transition from E-2 to EB-5 or EB-2 NIW if their business grows.

• L-1 Visa: If you already own a company abroad, you can open a U.S. branch and come as an “intracompany transferee” executive or manager. Later, you might qualify for an EB-1C green card (for multinational executives/managers).

These are stepping-stone paths: you start with a temporary visa, then build up your case for a green card.

4. Employer-Sponsored Green Cards Through Your Own Business

Here’s a tricky one: can your own company sponsor you for a green card as an “employee”? Technically, yes—but immigration authorities scrutinize these cases very closely.

• The U.S. government wants to make sure the job is real, the company is legitimate, and you’re not just creating a shell business to get yourself a visa.

• If the business is well-established, has independent board members or investors, and is genuinely capable of employing you in a critical role, it may be possible. But for most new startups, this is hard to pull off without raising red flags.

What Doesn’t Work

To avoid wasted time (and money), here are a few things that don’t lead to a green card, despite what you may hear:

• Simply forming an LLC or corporation.

• Hiring U.S. workers without meeting EB-5 requirements.

• Freelancing or running a business remotely from the U.S. on a visitor visa (that can actually get you into trouble).

FAQs

1. Do I need to hire American workers to get a green card through a business?

Yes—if you’re going the EB-5 route, job creation is mandatory. For EB-2 NIW, you don’t always need employees immediately, but showing a plan to create jobs strengthens your case.

2. How much money do I need to invest?

• EB-5: $800,000–$1.05 million.

• E-2: No fixed amount, but usually at least $100,000+ is expected to show serious commitment.

• EB-2 NIW: No specific dollar amount, but your business plan must show economic impact.

3. Can I just buy an existing business to qualify?

Yes, purchasing an existing business can sometimes work, especially for EB-5 or E-2. But you still need to meet job creation and investment requirements.

4. What if my business fails?

If your business doesn’t meet the visa/green card requirements (like creating enough jobs for EB-5), your green card process could be denied. This is why it’s critical to plan carefully and get professional legal advice.

5. Can my family get green cards too?

Yes—in most business-based green card programs, your spouse and unmarried children under 21 can be included.

Final Thoughts

Opening a business in the U.S. can absolutely play a role in getting a green card, but it’s not a shortcut.

You need to match the right immigration pathway with your goals, resources, and business strategy. For some people, that means making a large EB-5 investment.

For others, it’s about proving their startup is in the national interest or transitioning from a work visa to permanent residency.

At the end of the day, starting a business can be a powerful way to contribute to the U.S. economy and build your future here—but only if you structure it within the right immigration framework.

So, here’s the question I’ll leave you with: If you could build any type of business in the U.S., what would it be—and how might it shape your path to living here long-term?