Investors and Entrepreneur Immigration

The Department of State issued about 8,500 EB-5 Investor visas in 2023. The United States makes almost 14,000 of these visas available each year. The EB-5 visa program is just one potential option for investors, and there are many other opportunities for those who plan to do business in the United States.

If you are thinking about pursuing an EB-5 visa, consider working with an investors and entrepreneurs immigration attorney. These legal professionals can help you choose the most appropriate visa based on your unique investment and entrepreneurial goals. An immigration lawyer can also streamline the application process and minimize delays. Book a consultation with Naya Immigration to get started with your business immigration plan.

Investor Visas

Meeting the H-1B visa requirements involves securing a job offer in a specialty occupation that demands a bachelor’s degree or higher. Successfully navigating the H-1B visa process allows foreign professionals to work in the United States in their specialized fields.

The H-1B1 visa is specifically for professionals from Chile and Singapore working in specialty occupations that require a bachelor’s degree or equivalent. Meeting the H-1B1 visa requirements involves having a job offer in a qualifying field and proof of specialized education or experience.

The TN1 visa is available to Canadian citizens seeking to work in the United States in specific professional occupations. To meet the TN1 visa requirements, applicants must have a job offer in a qualifying profession and demonstrate the necessary credentials and education for that occupation.

The TN2 visa is available to Mexican citizens who wish to work in the United States in designated professional occupations. Meeting the TN2 visa requirements includes having a job offer in an eligible field and providing evidence of the necessary qualifications and education for the position.

The L-1 visa allows multinational companies to transfer employees in managerial, executive, or specialized knowledge roles to their U.S. offices. Meeting the L-1 visa requirements involves the employee having worked for the company abroad for at least one year within the past three years and fulfilling the criteria for the L-1A or L-1B visa categories.

The L-1B visa allows companies to transfer employees with specialized knowledge to their U.S. offices. To meet L-1B visa requirements, the employee must have worked for the company abroad for at least one year within the past three years and possess specialized knowledge critical to the company’s operations.

The O-1A visa is for individuals with extraordinary ability in fields such as science, education, business, or athletics. To meet the O-1A visa requirements, applicants must provide extensive documentation demonstrating sustained national or international acclaim and recognition in their field.

The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Meeting the O-1B visa requirements involves providing evidence of significant national or international acclaim and recognition in their artistic field.

The EB-1A visa is for individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. To meet the EB-1A visa requirements, applicants must provide evidence of sustained national or international acclaim and recognition in their field, demonstrating that they are among the top few percent who have risen to the very top of their profession.

The EB-1B visa is for outstanding professors and researchers seeking to work in the United States. To meet the EB-1B visa requirements, applicants must demonstrate international recognition for their achievements in a specific academic field and have at least three years of experience in teaching or research.

The EB-1C visa is designed for multinational executives and managers who are being transferred to a U.S. office. To meet the EB-1C visa requirements, applicants must have been employed in a managerial or executive role by the same company abroad for at least one year within the past three years and must be taking a similar position in the U.S. office.

The EB-2 NIW (National Interest Waiver) visa allows individuals with exceptional ability or advanced degrees to seek a green card without a job offer if their work benefits the U.S. national interest. To meet the EB-2 NIW visa requirements, applicants must demonstrate that their work has substantial merit and national importance, and that waiving the job offer requirement would benefit the United States.

The EB-2 Advanced Degrees visa is for professionals holding advanced degrees or their equivalent seeking to work in the United States. To meet the EB-2 Advanced Degrees visa requirements, applicants must have a job offer in a field requiring an advanced degree and provide evidence of their educational qualifications, such as a master’s degree or higher, or a bachelor’s degree with five years of progressive work experience.

The EB-3 visa is for skilled workers, professionals, and other workers who wish to live and work in the United States. To meet the EB-3 visa requirements, applicants must have a permanent job offer from a U.S. employer and demonstrate that they possess the necessary education, skills, or work experience for the position.

How to Obtain an Immigrant Investor Visa

First, determine which specific visa matches your circumstances and priorities. There are a few different immigrant investor visas to consider, and they generally fall under the same “E” category.

Once you have targeted a specific visa type that meets your needs, you can begin the application process alongside an immigration lawyer. You may need to make certain adjustments to your business or finances to meet the requirements of your target immigrant investor visa. For example, it may be necessary to sell certain assets to free up the necessary investment funds for a new investment. You may need to identify a suitable business in the United States to invest in. A clear plan to hire full-time workers in the United States may be necessary. For example, you might set aside ten new positions in your company specifically for American workers.

Once you meet these requirements, you can work with your immigration attorney to fill out the necessary forms. You may need to provide a history of past business endeavors, income statements, source of funds, and documents that show your ability to invest a certain amount.

After you file your petition, pay fees, and provide supporting documentation, you may need to attend an interview if you are outside of the United States. During the interview, a consular officer may ask you questions under oath and review your application – including any required documents. Your investors and entrepreneurs immigration lawyer can prepare you for this meeting.

Generally speaking, investor visas from the EB-5 program are much easier to obtain than other green cards. Once you obtain your visa, you can take additional steps to remove conditions and gain permanent resident status and remain in the United States indefinitely. Many foreign investors and entrepreneurs eventually retire in the United States after obtaining these green cards. To avoid delays and mistakes, be sure to navigate the application process alongside an investors and entrepreneurs immigration lawyer.

Temporary Visas for Foreign Investors and Entrepreneurs

Foreign investors and entrepreneurs frequently pursue temporary visas, and they represent one of the easiest pathways to green cards. The E-1 and E-2 visas are particularly popular for foreign traders and investors. To apply for these green cards, your home nation must have a valid commerce or navigation treaty with the United States.

An obvious example is Canada – America’s closest trading partner and a member of the North American Free Trade Agreement (NAFTA). However, many other countries qualify – and your investors and entrepreneurs immigration lawyer can help you determine eligibility.

Although the E-2 and E-1 visas are temporary, they can lead to long-term stays within the United States. Many foreign investors and entrepreneurs use these visas as “stepping stones” toward permanent residency and citizenship.

E-1: Treaty Traders

If you want to enter the United States to engage in international trade, you can obtain the E-1 Treaty Trader visa. You must engage in international trade “on your own behalf” to qualify. In other words, you must be an entrepreneur of some kind – and this visa does not apply to employees. Shipping a few items across the border does not qualify you for the E-1 visa, and only those involved in “substantial trade” can apply.

In addition, you must conduct this trade according to the treaty between the United States and your home nation. Although physical goods certainly meet E-1 visa requirements, you can also apply if you trade in digital technology, transportation services, financial services, tourism, insurance, and even journalism. An E-1 visa allows you to stay in the United States for two years with an unlimited number of extensions. You can begin the application process by filing Form I-129.

E-2: Treaty Investors

If you want to invest in an American business, you can pursue the E-2 Treaty Investor visa. You can begin the application process even if you are “in the process” of investing your capital, and this visa lets you stay in the United States for two years with unlimited extensions. Despite its name, obtaining an E-2 Treaty Investor visa does not simply involve a one-time investment. You must gain at least 50% ownership of the American company, and you must “develop and direct” the enterprise. You can meet these requirements by taking a managerial position at the company. In addition, you must establish that the investment funds have no connection with criminal activities. Unlike other investor visas, there is no minimum amount associated with the E-2 Treaty Investor program, and you can theoretically receive your green card with a relatively low sum.

Permanent Residency for Investors

Although the E-1 and E-2 visas may eventually lead to long-term stays in the United States, you can pursue permanent residency more directly with an EB-5 visa. This green card allows you to stay in the United States for ten years with unlimited extensions, and it is a common path toward full citizenship. However, EB-5 requirements are more complex.

EB-5: Immigrant Investor Program

The EB-5 Immigrant Investor program requires you to invest a specific amount of capital into an American enterprise while creating new jobs for American workers. Specifically, your investment must create at least ten full-time positions for qualifying employees within the United States. You must also invest at least $800,000 in a US business. However, the specific requirements vary depending on the location of the business or investment project.

EB-5 Requirements for Targeted Employment Areas

A targeted employment area is either a rural location beyond city limits or an area with high unemployment. If you choose to invest in a targeted employment area, you may invest a lower sum of $800,00. However, you must directly create ten full-time jobs for qualifying workers. In other words, you must hire workers to qualify for the EB-5 visa in a targeted employment area. A “qualifying worker” is someone legally permitted to work in the United States, and the EB-5 visa specifically excludes H-1B workers and temporary/seasonal employees.

EB-5 Requirements for Regional Centers

If you choose to go the regional center route, you must invest a higher sum of $1,050,000. However, job creation requirements are less strict – and you can “indirectly” create up to 90% of the required 10 jobs. In other words, you do not need to hire workers – and you only need to show that your investment has led to sufficient indirect job creation. Note that for both regional centers and targeted employment areas, there must be a degree of risk associated with your investment. Guaranteed rates of returns, convertible debts, and similar arrangements do not qualify.

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Necessary Documentation for Immigrant Investor Visas

You may need to file various forms and documents when applying for your immigrant investor visa.

EB-5 Documentation

You can begin the EB-5 application process by filing form I-526. You may also need to file Form I-485 or Form DS-230 depending on your existing status. After you receive conditional permanent residency, you can file Form I-829 to pursue lawful permanent residence. Along with these forms, you will need to provide documentation of your investments, business activities, job creation, and other important factors. You will also need to provide a valid passport, photographs, and other basic documents required for all visa applications.

E-1 and E-2 Documentation

Form DS-160 is the first form you will need to submit when applying for the E-1 or E-2 visa. You may also need to provide documentation related to your company, associates, and trade/investment. Company reports, Articles of Incorporation, business licenses, annual reports, and similar documents may be necessary.

Frequently Asked Questions

The EB-5 Immigrant Investor Program provides you with lawful permanent resident status if you invest in the United States while creating 10 permanent, full-time jobs for American workers. This program can also provide your spouse and children with lawful permanent resident status.

Investor and immigrant visas can be much easier to obtain than other green cards. The United States prioritizes foreign investment due to the value it provides for the economy, and your application may be streamlined as a result. Work with an investors and entrepreneurs immigration attorney, and this process may become even easier.

If you want to apply for an investor visa in the United States, you must start by filing a petition. In the next few weeks and months, you will pay fees, file additional forms, and provide various financial documents. Your investors and entrepreneurs immigration attorney can guide you through this process.

Choose an Experienced Immigration Attorney

A new immigrant investor visa may be easier to obtain than you realize. Although learning about your options is a positive first step, you can take more decisive action by working with a qualified lawyer. The United States offers limitless growth possibilities for entrepreneurs and investors. Book a consultation with Naya Immigration to discuss your next steps.