Focusing on Investment Visas  

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  Focusing on Investment Visas  

(646) 904-4132

1. Determine if you are eligible. The main requirements are that you must be a national of a country with a qualifying treaty of commerce and navigation with the U.S., coming to invest a substantial amount in an active business you will manage and control.

2. Prepare the necessary documentation. This includes proof of nationality, evidence of funds invested/to be invested, comprehensive business plan, licenses, office lease, contracts, bank statements, tax returns, etc. Anything showing ongoing business activities.

3. File Form DS-160 online nonimmigrant visa application with the relevant U.S. embassy or consulate. Pay the application fee.

4. Schedule your visa interview appointment at the embassy/consulate. Interviews are generally required for E-2 applicants.

5. Attend the visa interview. Be prepared to explain your business plans in detail and provide any requested documentation. Dress professionally and communicate effectively.

6. If approved, you will pay the visa issuance fee and have your passport stamped. If more information is needed, the consular officer may request additional documentation.

7. Once you receive the E-2 visa, carefully review the validity dates and other details. Make sure all employment authorization paperwork for employees is completed.

8. When entering the U.S., present your valid passport, visa, and supporting business documentation to the immigration officer at the port of entry.

9. Submit Form I-129 to USCIS within the first few months to obtain an E-2 employee certification if needed.

10. Maintain compliance with all E-2 regulations and renew your status when needed every 2-5 years. Continue running your active business.

Step by Step Guide:

The applicant must be a national of a country that has a treaty of commerce and navigation with the United States. This includes many major U.S. trading partners, such as the UK, France, Germany, Japan, etc. A full list of countries can be found here.

Note: India is not included on this list.

The applicant must be coming to the U.S. to develop and direct the operations of an enterprise in which they have invested, or are in the process of investing, a substantial amount of capital. There is no set minimum, but it needs to be substantial relative to the total cost of the enterprise; however we would say a safe minimum amount is $100,000 USD.

The enterprise must be a real, operating commercial enterprise, not just a shell company. It should be sized to generate significantly more income than just to provide a living for the applicant. Additionally, there must be a physical location in the United States (i.e. there must be a lease signed).

The applicant must have control of the funds invested and the decisions of the enterprise. They can be a majority or minority shareholder.

The applicant must be coming to the U.S. to develop and direct the enterprise. They need to have an active, hands-on role in running the business.

The enterprise must generate more income and job opportunities for U.S. workers and significantly expand U.S. exports. It cannot take jobs away from U.S. citizens. Additionally, E-2 investors can bring employees of the foreign corporation with them.

The applicant must have the intent to depart the U.S. when their status ends, but the visa can be renewed indefinitely. This is a non-immigrant visa, meaning there is no direct route to a green card.

The E-1 visa is a nonimmigrant visa that allows citizens of countries with a treaty of commerce and navigation with the United States to be admitted to the U.S. to carry out substantial trade between the two countries.

Note: India is not included on this list.

It is meant for treaty traders and employees of treaty traders engaged in international trade on a substantial level between the U.S. and their home country. A full list of countries can be found here.

The trade conducted must be sizeable and continuing with numerous transactions. A firm must document that over 50% of its international trade is with the U.S.

Trade refers to the exchange of goods and services across borders. It does not include employment or ordinary investment.

The employee must have the same nationality as the treaty trader employer. Executive, supervisory, or essential skills employees qualify.

There is no specific minimum investment requirement, but the trade must be substantial enough to support the treaty trader and any employees seeking E-1 classification.

The E-1 visa is initially valid for up to 2 years and can be extended indefinitely in 2-year increments as long as eligibility requirements continue to be met.

Dependents (spouse and unmarried children under 21) can accompany the E-1 visa holder.

1. Determine Eligibility
- Confirm your nationality is from a country with a qualifying treaty with the U.S.
- Make sure your company is at least 50% owned by nationals of the treaty country.
- Verify you meet the criteria for a treaty trader or employee.

2. Gather Required Documents
- Proof of nationality such as passport, national ID card.
- Evidence of trade volume and international transactions.
- Business licenses, office lease, contracts, tax records.
- For employees, letter from employer explaining job duties.

3. File Form DS-160 and Pay Fees
- Complete the online nonimmigrant visa application with the U.S. embassy/consulate.
- Pay required visa application fee.

4. Attend Visa Interview
- Bring original documents and be prepared to explain your trading activities.
- Additional documents may be requested by the consular officer.

5. Obtain E-1 Visa
- If approved, passport will be stamped with an E-1 visa valid for up to 2 years.
- Carefully review all dates and details to ensure accuracy.

6. Enter United States
- Present valid E-1 visa, passport, and supporting documents to immigration officer at port of entry.

7. File for E-1 Employee Status (if applicable)
- Submit Form I-129 to USCIS within first few months to obtain E-1 employee authorization.

Step by Step Guide:

Here are some of the main requirements for an EB-5 immigrant investor visa to the United States:

The foreign applicant must invest at least $800,000 or $1,050,000 million (depending on the project type and location) in a new commercial enterprise in the U.S. This can be a Regional Center or a Direct Investment (creating your own project or investing into a company).

The investment capital must be obtained through lawful means. The funds must be the investor's own or the funds can be gifted to the investor.

The investment must create or preserve at least 10 full-time jobs for qualified U.S. workers.

The new commercial enterprise must be based within a designated regional center, an economically distressed area, or a rural area.

The investor must play an active role in managing or directing the enterprise. Their involvement cannot be passive.

The investor must demonstrate that the source of the investment funds and amount meet requirements. This is documented with items like bank statements, tax returns, etc.

The applicant must complete Form I-526 immigrant petition and submit biometrics at a USCIS facility; If approved, the conditions on permanent residence apply for two years. Near the end, Form I-829 is filed to remove conditions. The investor can apply for a temporary green card and work authorization while filing the I-526 petition.

The investor must have an intent to reside in the United States after being admitted as a permanent resident.

IMPORTANT: For EB-5 applications postmarked after April 1, 2024 USCIS filing fees will increase 204% to $11,160.

1. Find an EB-5 Project to Invest In
- Research and perform due diligence on USCIS approved Regional Centers and EB-5 qualifying projects or find a company you would like to invest in or create your own company.

2. Make a Qualifying Investment
- Invest at least $800,000 or $1,050,000 million if not in a Targeted Employment Area.

3. File Form I-526 Petition
- Submit required documents proving lawful source of funds, investment amount, job creation.

4. Attend Visa Interview or Change of Status if in the U.S.
- If the I-526 is approved, apply for an immigrant visa at your consulate abroad and attend interview.
- If in the U.S. on an underlying visa (H-1B, O-1, F-1, etc.) then you do not need to do anything.

5. Enter the United States / Remaing in the U.S.
 - You will enter on a CR-1 two-year conditional green card or will be mailed one if within the U.S.

6. File Form I-829 Petition
- To remove conditions, submit docs to prove investment sustained & jobs created.

7. Receive Permanent Green Card
- If approved, conditions are removed and 10-year green card is granted.

8. Sustain Investment
- Must maintain investment and preserve jobs during conditional period.

9. Become U.S. Citizen (optional)
- May apply for naturalization to become a U.S. citizen after 5 year residency.

Step by Step Guide:

The L-1A visa is a nonimmigrant visa that allows multinational companies to transfer qualified executives and managers from offices outside the United States to a U.S.-based office.

• It is for intracompany transferees who will work in a managerial or executive capacity. This means they direct the organization or a department/subdivision.
• The employee must have worked for the company abroad for at least one continuous year within the previous three years in an executive or managerial role.
• The U.S. and foreign employer must have a parent, subsidiary, affiliate or branch relationship. One controls the other or they are under common control.
• The L-1A is initially valid for up to 3 years and can be extended in 2-year increments for a maximum of 7 years.
• Spouses and unmarried children under 21 years old can be admitted under L-2 status as dependents.
• The L-1A holder can later apply for permanent resident status through employer sponsorship.
• It allows the employee to work exclusively for the sponsoring U.S. employer.

Alternatively, the foreign entity can set up a new office in the U.S., this is known as a L-1A New Office Petition:

The L-1A new office is a special provision of the L-1A intracompany transfer visa that allows a foreign company to establish a new office, subsidiary, or branch in the United States. Here are some key details:

• It enables a company that does not yet have a U.S. presence to transfer an executive or manager to the U.S. to establish the new office.
• The employee must have worked for the foreign entity for at least 1 continuous year in the previous 3 years in an executive or managerial role.
• Initial approval is granted for 1 year, with 2-year extensions available up to a maximum of 7 years.
• The new U.S. office must be conducting real, active business within 1 year of approval. USCIS will evaluate this when considering extensions.
• "New office" refers to an organization that has been doing business in the U.S. for 1 year or less. The office must support the executive or manager position.
• The foreign company must demonstrate sufficient physical premises to house the new office in the U.S. as well as the ability to pay the employee's salary.
• The executive or manager must be employed in one of the qualifying relationships (parent, subsidiary, affiliate, branch).
• Spouses and unmarried children under 21 can be admitted under L-2 status.

Can you assist me in finding a company for an E-2 visa or EB-5 green card?
Unfortunately we are not able to provide you with investment advice, however if you have a business idea or business you would like to invest in we are able to provide feedback to see if it will qualify for either the E-2 or EB-5.

What is the minimum amount for an E-2 visa?
This varies on what type of company you would like to invest in or start but generally we advise no less than $80,000.

Can I convert my E-2 to a green card?
Yes, but this process needs to be handled very delicately and is a very complicated process. Please reach out to us for a consultation.

Can I come to the US to open an office for my current employer in the US?
Yes, this is what the L-1A New Office visa is designed for. The very first requirement is that you've been working for your employer for at least 1 year within the past 3 years.

Do you represent investors that are investing in regional centers for an EB-5?
Yes we do, we would represent you and the regional center would have their own lawyers.

If I am in the US, can I change my status to an E-2?
Yes you can.

If I am in the US, can I apply for an EB-5?
Yes you can.

Do you handle green cards other than EB-5?|
Yes, we handle PERMs, National Interest Waivers, EB-1, etc.

What are the processing times for an EB-5?
Currently, USCIS is showing around 24 months to process cases - sometimes it is longer and sometimes shorter depending on the type of EB-5 investment you make.