Expanding to the US in 2025: Key immigration insights for SMEs

Written by Christina Dombrowski, Attorney at Law specialising in US Immigration from Samartin & Friends

As the world’s largest economy and consumer market, the US provides unique opportunities for international business expansion, with access to established international corporates, small start-ups and industry disruptors.

Furthermore, the US has a large, educated workforce and a relatively business-friendly regulatory environment, making it easy to set up locally and hire the right support for a growing business.

For foreign companies looking to enter the US market, moving existing staff to the US for a temporary period can be critical to the success of the US operations and the company’s growth in the American market.

Many companies utilise temporary work visas to move experienced staff from their foreign entities to the US to help establish operations and train local hires on company best practices.

As such, identifying and applying for the right work visas for foreign staff can be a vital part of expansion into the US.

When transferring staff to the US for a temporary period, there are a few common options that businesses can consider, as well as less well-known visa types that might be worth considering.

Businesses looking to expand into the US market may wish to consider the following options, depending on their needs:

E-1 treaty trader

A great option for businesses already conducting business with the US.

The E-1 allows companies to apply for visas for individuals in managerial, executive, or specialist positions, based on substantial ongoing trade with the US.

However, the company ownership and employee on the visa need to have the same nationality, so this option may not be ideal for large multinationals.

E-2 treaty investor

The counterpart to the E-1, this is a good option for entities without existing US operations. This visa allows companies to apply for visas for individuals in managerial, executive, or specialist positions, based on investment into the US to set up the American entity.

However, as with the E-1, this visa requires the company ownership and employee on the visa to have the same nationality, so may not work in every situation.

L-1 intracompany transfer

This visa allows a company to transfer an individual who has worked for a foreign company for at least a year in a managerial, executive or specialised knowledge position to an affiliate in the US.

As there’s a specific sub-category to L-1s known as the new office L-1, intended especially for entities setting up in the US, this can be a good option for expansion, especially as there is no regulation around individual and company nationality (as with E-1 or E-2).

O-1A individual with extraordinary ability

This visa for individuals with extraordinary ability in business can be a good choice for founders looking to expand their business in the US.

This can be a straightforward option for start-up founders with some name recognition in their field but isn’t necessarily appropriate for other staff (so may require another parallel visa process for them). This option also requires a US entity to make the application, so there is some initial setup required.

H-1B specialised knowledge employee

This visa allows a US company to apply for the services of an individual in a specialty occupation requiring a bachelor’s degree.

The biggest drawback to the H-1B visa category is that the H-1B is a capped visa category, so only a limited number of visas can be issued each year.

Additionally, this also requires an existing US entity to file the petition (application), so may not be ideal for companies in the earlier stages of expansion.

Nationality-specific options

For individuals from Canada or Mexico, Singapore, Chile, and Australia, there are nationality-specific options for visas for individuals from each country.

If a company is expanding into the US and looking to transfer individuals from any of those countries to the American entity, it’s worth investigating whether those options might be workable.

It’s important to note that the US will have a new presidential administration from mid-January, and this will undoubtedly impact immigration law and policy.

While some members of the incoming administration have expressed a desire to limit the number of individuals coming to the US on various visas, others have pushed to expand programs for skilled workers, arguing that they are essential to growing the US economy.

With this uncertainty, it’s critical for those looking to expand into the US in the coming months to get up-to-date information and advice on their situation, to ensure that they are considering all policy changes and considering all options.

Wherever you are in your US immigration journey, we’re here to support you with expert advice and guidance, helping you understand the law and the visa options available to help expand your business in the US.

Reach out to us today at info@samartinandfriends.com