How to Start a Business as an Immigrant
Laura Roden’s career in financial services has covered the spectrum from investment management, brokerage, banking and corporate finance to teaching finance and entrepreneurship at the college and graduate school levels. She earned both her undergraduate and MBA degrees from Harvard University, and holds Series 7, 63 and 65 FINRA licenses. She has been a featured speaker on finance topics at the Milken Global Conference, the New York Society of Security Analysts, the Inc 500 conference and the Angel Capital Association as well as many other venues.
Starting and operating a business as an immigrant can have challenges beyond those common to all entrepreneurs. Visa requirements, language skills, unfamiliar laws and lack of credit history are just a few of the additional hurdles immigrant entrepreneurs may face.
This article will guide you through five of the most critical tasks when you’re starting a business as an immigrant.
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Write a business plan
Every new business founder — whether an immigrant entrepreneur or otherwise — should write a business plan to guide your operations and explain your goals to investors. It should clearly address at least these four areas:
- Company description: What products and services will you sell? How will you obtain and deliver them?
- Market analysis: Who are your target customers? Who are your competitors, and why will customers choose you over them?
- Organization and management: What critical skills does your team have now, and which do you need to recruit for?
- Financial projections: Realistically forecast your sales, expenses and other funding requirements for the next five years, including month-by-month details for the first year, to prepare for immediate financing needs.
Choose a business structure
Choosing the right type of business entity for your company will affect your personal liability, how to pay business taxes, the number of business owners and what financing may be available. Business entity options include a sole proprietorship, partnership, LLC, C corp, S corp and B corp.
Immigrant business owners should be aware that “nonresident aliens” cannot be shareholders in S corps. This means that all shareholders will need to be U.S. citizens, be a permanent resident (a Green Card holder) or meet IRS residency requirements.
Apply for an EIN
After choosing your legal structure, get an EIN (Employer Identification Number) from the IRS. It’s required for every business except a sole proprietorship with no employees, and can be helpful even for those. The person applying must already have a Social Security number or ITIN (Individual Tax ID Number), but immigrant entrepreneurs needn’t worry — ITINs are available regardless of your immigration status.
Obtain a visa
Perhaps the most challenging hurdle particular to starting a business as an immigrant is obtaining the right kind of visa. While there’s no U.S. visa specific to entrepreneurs, these four types — plus one “rule” — are options for immigrant entrepreneurs to consider.
| Visa type | Who is it for? | Eligibility requirements | Does it lead to a Green Card? |
|---|---|---|---|
| EB-1 visa | Individuals of “extraordinary ability” in the sciences, arts, education, business or athletics |
| Yes |
| EB-5 visa | Immigrant startup investors |
| Yes |
| E-2 visa | Immigrant business investors |
| No, but is renewable |
| L-1A or L-1B visa | Executives opening a U.S. office or affiliate of a foreign company | Minimum 1 year prior employment with affiliated foreign company | No |
| International Entrepreneur Rule | Immigrant business owners providing temporary (30 to 60 month) on-site assistance to a startup | Substantially own and actively manage a U.S. startup with rapid growth & job creation potential | No |
Visa rules change frequently, so consult with an immigration attorney to decide which entrepreneurship visa might be best to pursue in your situation.
Find funding
Most immigrant entrepreneurs will need to find funding for their business. It’s tempting to use personal borrowing like credit cards, home equity lines of credit or friends and family loans, but doing so may put your personal credit and assets (and even your personal relationships) at risk. That’s why it’s important for immigrant entrepreneurs to know how to apply for a business loan.
Some types of loans to consider include:
- Term loans: Businesses receive a lump sum of cash upfront that you’ll then pay back with fixed, regular payments, usually over several years. These are offered by banks, credit unions or online lenders to small businesses, and will typically require at least two years’ operating history evidenced by tax returns. For sudden cash emergencies, startups can turn to short term loans.
- Lines of credit: Business lines of credit are well suited for temporary funding needs like seasonal inventory. You only borrow what you need, then once you pay off the line, you can borrow again. Lines of credit are a common type of working capital loan.
- Equipment financing: Equipment financing enables startups or other businesses to get access to vehicles or other large machinery. The equipment often acts as security for the loan, making it accessible even if you don’t have other assets to pledge as collateral.
- SBA loans: Because they’re guaranteed by the U.S. Small Business Administration, SBA loans offer very attractive terms with comparatively low rates. You don’t need a business operating history, but you do need to be a legal resident of the United States.
Business loan interest rates vary a lot depending on the lender, the terms and your credit history. There are loans available for business owners with bad credit, but you can expect higher rates and stricter terms.
Manage your business finances
Finally, get ready to manage your business finances after you launch. All business operators, whether immigrant or not, will need to:
- Open a business checking account. Choose a bank that appreciates doing business with startups in general and immigrant entrepreneurs in particular. Get referrals from other immigrant startup owners and interview several banks. If you need international transactions, such as letters of credit or currency exchange, make sure the bank can handle those.
- Select financial reporting software. For lower cost and complexity, choose accounting software designed for small businesses that can handle important aspects of your business, such as foreign currency, inventory tracking, project accounting or employee time. Keep it up to date and compare your results every month to your business plan.
- Set up payroll. Payroll processing demands accuracy, timeliness and understanding of governing regulations. Penalties for late or inaccurate reporting are high — so consider using a payroll service, or at least an expert to help set up and periodically review your process.
- Get insurance. Business insurance is complex and the marketplace is constantly changing. For a small fee, an insurance broker can recommend what types of insurance are required for your business and will obtain competitive bids from insurers.
- Separate business and personal finances: Always keep your personal and business accounts (e.g., banking and credit cards) separate, to avoid accounting and tax reporting confusion.
Starting a business as an immigrant is challenging, but it can bring a lifetime of rewards to the entrepreneur who takes time to put the right building blocks in place.