INVESTOR VISAS
Please see our U.S. Immigration Options for Investors summary table (PDF) for an overview of Investor Visa options.
L-1 Intra-company Transferee Visa
The U.S.version of the “intra-company transferee” visa. This is a 5-7 year work permit for an executive, manager or person with “specialized knowledge” who has worked at the affiliate company abroad for at least one full year in the past three years. There is a streamlined path to U.S.permanent residence (“Green Cards”) for executives and managers.
An overseas or multinational company with a U.S. affiliate company may apply for L-1 nonimmigrant status for executives and managers (L-1A) or employees with “specialized knowledge” (L-1B) who have worked for at least one year out of the past three years for the company overseas. The maximum stay in the U.S.is five years for L-1B (specialized knowledge) and seven years for L-1A (executives and managers) visa holders. Managers and executives who have worked for at least one year with the company overseas may be eligible for permanent residence or “Green Card” as a “priority worker.” Qualifying multinational companies and organizations can apply for “pre-certification” of the corporate relationship between the U.S.and overseas company, through a “blanket” petition.
- Overseas company can open a new U.S.office and transfer a manager or executive to the new U.S.office on L-1A visa
- The L-1A visa will be issued initially for one year
- During that year, the company must actively engage in business in theU.S.—invoice, billing, account receivables, inventory, rentals, payrolls, etc.
- Apply for extension of status for 3 years prior to end of first year
- The L-1A visa holder can stay in theU.S.for up to 7 years
- During that time, the company can petition the manager forU.S.permanent residence
- Must perform managerial duties, not clerical or administrative duties—can be a challenge for a small office
- Spouse in L-2 status can apply for a work permit
EB-5 Investment Immigration
This program is for those who invest $500,000 – $1,000,000 USD (depending on the region) and create at least 10 jobs for U.S. workers. There are some proven regional investment programs in place that return your $500,000+ in 5-8 years, with varying returns on the investment, or you can invest in a business of your choosing. The Green Card is “conditional” for two years and then becomes final after a successful showing of having met the requirements.
The EB-5 (employment-based fifth preference) category allows for permanent residency for investors who invest in a U.S.business and create or save at least ten jobs for U.S. workers. The normal amount required to invest is $1 million, although that amount can be reduced to $500,000 if the investment is made in a high unemployment or rural area. Of the approximately 10,000 Green Cards available for this preference each year, 3,000 are reserved for investors who immigrate through a “regional center,” which is an entity that focuses on a specific geographic area within the U.S.
There are some proven regional investment programs in place that return your $500,000+ in 5-8 years, with varying returns on the investment, or you can invest in a business of your choosing. The Green Card is “conditional” for two years and then becomes final after a successful showing of having met the requirements.
We assist with all aspects of the EB-5 process, including:
- Advice on filing an individual application versus applying through a regional center
- Guidance to help investors choose the regional center that best fits their needs
- Collaboration with business and tax lawyers to create the optimal corporate structure for the EB-5 process
- Assistance with documenting lawful source of funds
- Drafting and filing of all applications to USCIS and overseasU.S.consulates
An EB-5 petition must be filed with supporting documentation demonstrating that the individual:
- has established a new commercial enterprise
- has invested the required amount of money
- has proven the investment comes from a lawful source of funds
- either has already created the required number of jobs or has a good business plan to create the jobs within two years
- is actively participating in the business, and
- (where applicable) is creating employment within a high unemployment or rural area
Once the petition is approved, immigrant investors become conditional permanent residents. After two years, they must file a petition proving that they maintained their investment for two years. They then can become regular permanent residents.
E-2 Investor Visa
These Investor Visas are for those who invest in or start a U.S. business entity. The amount that must be invested depends on the capitalization needs of the entity, often less than $200,000 USD. The applicant’s country must have a treaty with the U.S. (as does most of Western Europe, Australia, Canada, Japan, Philippines and other countries. China and India have no E-2 treaties in place). The visa typically lasts five years, but can be extended indefinitely as long as the U.S. business enterprise thrives.
The E-2 classification is authorized for nationals of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.
If the investor is inside theU.S., s/he may apply for a change to E-2 on a Form I-129. This category does not require a petition for employment if the investor is outside of theU.S.; in that case, the investor applies directly to aU.S.consular office abroad.
The investment involved must place lawfully acquired, owned and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.
Application Document Requirements
The application must be filed with evidence that:
- the investor is a national of a country with whom theU.S.has the requisite treaty or agreement;
- the investor (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The investor must demonstrate that s/he controls the enterprise by showing ownership of at least 50 percent of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
- the investor has invested in or is actively in the process of investing in the enterprise;
- the investment is substantial, i.e., sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
- the investment enterprise is not a marginal enterprise;
- if the applicant is not the principal investor, s/he must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify;
- the applicant intends to depart the U.S.upon expiration of E-2 status.
Important: The information provided herein is for informational purposes only. This information does not constitute legal advice, nor should it take the place of independent legal counsel. As immigration laws are complex and ever changing, we recommend that you consult counsel before taking action in any particular case.
