The EB-2 visa category remains one of the most reliable employment-based routes for skilled professionals, investors, and entrepreneurs seeking to establish long-term operations in the US. While the EB2 visa quota for the fiscal year 2025 has been exhausted, the coming year, 2026, will likely see more business owners exploring the same visa route. This is because the EB-2 visa route can lead to permanent residency without relying solely on employer sponsorship.
To obtain this visa, you must meet all eligibility requirements and submit a comprehensive application that supports your claims. If you’re a businessperson aiming to establish your business operations long-term in the US, you may need legal help for skilled professionals with obtaining EB2 Visa. An immigration lawyer can ensure your application meets the required standard. This article explains the visa EB2, including investment requirements for EB-2 visa entrepreneurs, tax obligations, and other relevant details.
What Is the EB-2 Visa and Who Qualifies in 2026?
The EB-2 visa, also called the EB-2 Green Card, is an immigrant visa and a second-priority employment-based Green Card. This visa enables its holder to get permanent residency status in the US if the individual possesses exceptional abilities in their field of work or an advanced degree or its equivalent. The annual quota for employment-sponsored visas is 140,000.
The processing time for these visas is usually longer because they are split across the five visa categories (EB-1, EB-2, EB-3, EB-4, and EB-5). After the annual cap is met, the remaining applications will be reviewed in subsequent years. Therefore, to be eligible for employment-based immigration to the US, individuals must wait for their dates to become current. The US Immigration Department normally sets an annual cap of slightly more than 40,000 for the EB-2 Green Card category.
Who Qualifies for an EB-2 Visa?
Foreign nationals may be eligible for a visa EB2, provided they meet one of the following requirements:
Advanced Degree
For an advanced degree, the individual must hold a US master’s degree, a Ph.D., or its foreign equivalent. Or the individual must possess a US bachelor’s degree or its foreign equivalent, and at least 5 years of progressive relevant work experience.
Exceptional Ability
The individual must demonstrate expertise significantly above the norm in their field (such as the arts, sciences, or business). You must fulfil at least three of the following requirements:
- Membership in professional associations.
- A license or certificate to practice a profession.
- Official academic record (degree) in your field.
- Recognition from peers or experts in the field.
- At least 10 years of full-time experience.
- Salary or remuneration indicating exceptional ability.
- Other comparable evidence of ability.
Can EB-2 Visa Holders Start a Business in the US
The EB-2 visa rules do not exclude business owners. As such, many business owners can start a business in the US with an EB-2 visa, provided they meet its requirements. They can qualify under the exceptional ability category or pursue an EB-2 National Interest Waiver (NIW) to bypass the job offer and labor certification requirements.
The EB-2 (NIW) is a strong route to the US for businessmen with advanced degrees or exceptional abilities whose ventures (such as tech innovation or telehealth) have broad national importance. To qualify for the EB-2 visa for businessmen, applicants must have the following:
- A strong professional track record.
- A credible plan demonstrating how their work will benefit the US economy.
- Business achievements that demonstrate exceptional ability.
Investment Requirements for EB-2 Visa Entrepreneurs
As an entrepreneur on an EB-2 visa, especially the EB-2 National Interest Waiver (NIW), you are not required to invest a specific amount of funds in the US. Rather, you need to prove your venture has national importance, a strong business plan, and that you are positioned to succeed. Unlike the capital-intensive EB-5 visa, you just need to demonstrate your impact, not your capital. The crucial requirements focus on your business’s potential to create US jobs, encourage innovation, and benefit national interests. As such, you must provide strong evidence of a compelling business plan, expert endorsements, and significant potential for impact, not just money.
Business Plans Needed for EB-2 NIW Applications
If you’re an entrepreneur seeking the EB-2 NIW visa, you must prepare a comprehensive business plan. It must meet the US Citizenship and Immigration Services (USCIS) requirements. Additionally, it must show dedication to your US goals and add depth and professionalism to your capabilities, especially if you lack extensive awards.
Components of your EB-2 NIW Business Plan
Your business plan should comprise the following:
- A concise overview of your proposed endeavor and its importance.
- The intersection of your work and the US priorities, such as innovation, economic growth, and public health.
- A detailed description of your business or profession, target, market, mission, and unique contribution.
- Publications, parents, letters of recommendation, letters of intent, or proof of funding.
- Demonstration of your skills, resources, and a clear plan to succeed, including marketing, financials, and operations.
- Demonstration of how your work will benefit the US beyond personal gain.
Tax Obligations for EB-2 Visa Holders in the US
As an EB-2 visa holder, once you become a Green Card holder (lawful permanent resident), you are considered a US tax resident. This means you must submit your worldwide income to the Internal Revenue Service (IRS).
The US has tax treaties with many countries that can relieve you from double taxation. You may be eligible for the Foreign Earned Income Exclusion or the Foreign Tax Credit to offset foreign taxes you paid.
As a lawful permanent resident in the US, your tax obligations would generally be the same as those of US citizens. You may also have state and local tax obligations, which vary by state of residence and source of income.
Legal Risks for Businessmen Applying for EB-2 Visa
Negligence in legal risks usually requires EB-2 visa business owners to provide USCIS with additional documentation to support their visa application, or, at worst, result in a denial. Businessmen applying for an EB-2 visa must be aware of certain legal risks, including:
- Submitting a business plan that lacks credibility.
- Inability to submit comprehensive documentation to support your application.
- Not demonstrating the national interest for EB-2 National Interest Waiver (NIW).
- Providing unverifiable claims in your application.
Conclusion
The visa EB2 remains a reliable route for skilled businessmen planning long-term operations in the US. You can achieve this through the EB-2 National Interest Waiver (NIW), which allows you to bypass the job offer and labor certification requirements. You must fulfil all the requirements for a US EB-2 visa. Your documentation must be verifiable. Additionally, it must include a credible, comprehensive business plan and a clear strategy that aligns with US economic interests. It is ideal to consult an immigration lawyer to assist you throughout your application process. An immigration lawyer can ensure you meet the EB-2 visa eligibility requirements for foreign businessmen. An immigration lawyer can help you prepare a comprehensive application to maximize your chances of success.
