If you are seeking to invest in a Business in the U.S., you should consider how much you are willing to invest and what type of venture would be best for you to pursue. Our firm has assisted many clients obtain non-immigrant status in the U.S. by virtue of their investment. Two main categories which may apply to your situation are the E-2 treaty trader visa, and the Eb-5 visa.
E-2 Investment Visa:
The E-2 Treaty Investor visa allows an applicant to obtain a nonimmigrant visa that allows them to invest a substantial amount in an existing business or create a new business in the U.S. and run that business for a period of 2 years. Thereafter, they may be able to renew the business every 2 years for an indefinite period of time. The following are required for an E-2 applicant:
- The applicant must be a citizen of a country that has an investor treaty with the U.S.;
- The applicant must be coming to work in the U.S. for a company he owns;
- The applicant must be coming to the U.S. solely to develop and direct the enterprise;
- The investment must be in a real and operating commercial enterprise;
- The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
- The investment is more than a marginal one solely for earning a living;
- The applicant must have possession and control of the funds being invested and the investment must be at risk in a commercial sense; and
- The applicant must unequivocally intend to depart the U.S. when their E status ends.
Eb-5 Investor Visa:
If you are willing to invest at least $500,000 to $1 million, you may even be eligible to obtain permanent resident “green card” status through the EB-5 visa program. You your spouse, and your children under age 21 may be able to obtain their permanent residency once all requirements are met and USCIS approval is received. The following are the requirements for EB-5 approval:
- Investment of minimum of $1 million unless you are investing in a commercial entity located in a targeted employment area (TEA). The area must be rural or in a high unemployment area.
- The investment must result in the creation of 10 full-time jobs for U.S. workers. If the investment is made at a regional center, the EB-5 investor only has to show that 10 full-time indirect jobs or induced jobs were created. Indirect jobs are those created in businesses which supply goods or services to the EB-5 project. Induced jobs are jobs created as a result of income spent by EB-5 project employees.
- The investment must be made in a for-profit U.S. commercial entity. The EB-5 visa applicant can invest in different types of business entities but in general can invest directly into a new commercial enterprise or in a regional center. New commercial enterprises must have been established after November 29, 1990.
If you have additional questions and want to know if you could qualify for an investment-based visa, call us today at (866) 691-9894 to set up a consultation.