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If you are willing and able to make a substantial investment in a U.S.-based commercial enterprise, you can potentially qualify for the E-2 treaty investor visa or the EB-5 immigrant investor visa. The E-2 treaty investor visa can be extended indefinitely so long as you continue to meet certain requirements. The EB-5 immigrant investor visa is a type of green card, which confers lawful permanent residency. The size of your investment and your country of origin will determine what visas are available to you.
Our team at DLA Immigration Services is committed to helping entrepreneurs make the most of their investments and realize their American Dreams. Our Orlando investor visa lawyer has over 25 years of experience and has a direct hand in each case our firm takes on. We have a deep familiarity with what United States Citizenship and Immigration Services (USCIS) looks for when evaluating investor visa applications and can serve as your guide and advocate throughout what can be a complex and protracted process.
The E-2 treaty investor visa can be a great choice for entrepreneurs that are not interested in permanently immigrating to the United States but still wish to leverage its powerful economic opportunities. The E-2 visa’s minimum investment amount is also significantly less than the investment requirements for the EB-5 immigrant investor visa. Beneficiaries must work to support the enterprise they choose to invest in but can otherwise live anywhere in the country.
The E-2 visa is valid for 2-year increments and can be renewed an unlimited number of times. So long as you continue to support your investment and meet all other requirements, you can in effect remain in the United States indefinitely. Our Orlando investor visa attorney can determine if your planned investment qualifies and assist with renewals.
To obtain the E-2 visa, a treaty investor must:
- Belong to a treaty nation. The E-2 visa is only open to nationals of treaty nations that maintain trade agreements with the United States. Many countries qualify.
- Invest at least $100,000 in a U.S.-based commercial enterprise. In most cases, entrepreneurs will need to invest a minimum of $100,000 in a new or existing U.S. business. Entrepreneurs may be able to invest less if the enterprise is a start-up or a smaller company.
- Invest in a “real” commercial enterprise with inherent risk. The commercial enterprise must actively engage in the trade of goods or services, and the full amount of the investment must be considered “at risk.”
- Enter the United States to manage their investment. The entrepreneur must take an executive or managerial role in the enterprise they invest in. In some circumstances, an entrepreneur can also fill a position that requires specialized knowledge or skills. Either way, an entrepreneur may only travel to the United States if they intend to take an active involvement with their investment.
The EB-5 Immigrant Investor Visa
If you wish to permanently immigrate to the United States, the EB-5 immigrant investor visa confers lawful permanent residency and can open a pathway to citizenship. Up to 10,000 EB-5 green cards are available each year, but there are generally more visas than applicants, resulting in minimal wait times for many investors.
To qualify for the EB-5 immigrant investor visa, you must invest at least $1,800,000 in a U.S.-based commercial enterprise or invest at least $900,000 in a “targeted employment area” (TEA). USCIS preapproves TEAs – typically rural or economically distressed areas – that can qualify for the lower investment threshold.
An investment in any enterprise outside a TEA must result in the creation of at least 10 American jobs. Investments in a TEA-based enterprise must create or preserve 10 American jobs.
Entrepreneurs can invest in a new or existing company, but their funds must be “at risk.” The enterprise will need to engage in the trade of goods or services, and entrepreneurs must actively manage their investment.
Green cards obtained through the EB-5 immigrant investor program will initially be “conditional” and expire after 2 years. To remove conditions and receive a green card with a 10-year validity period, beneficiaries will need to establish they took an active role in managing their investment. They must also demonstrate the investment created or preserved at least 10 American jobs.
We can assist you with each stage of the EB-5 immigrant investor program’s comprehensive application process. Our team can also help prepare all necessary financial and evidentiary documentation that you will need to remove conditions.
ExperiencedWe have over 25 years of experience fighting for cases just like yours.
EmpatheticAttorney Lugo-Auffant is very familiar with the immigrant experience and understands the challenges of coming to a new country.
AttentiveWe prioritize our client's unique needs and Attorney Lugo-Auffant has a hand in every single case we handle.
If investor visas do not suit your needs but you still wish to access economic opportunities in the United States, we can help you explore a variety of work permits and business-oriented visas. Our Orlando investor visa lawyer can review your goals and circumstances and identify visas that can facilitate admission and work authorization.
Our team at DLA Immigration Services can assist you with many types of business visas and work permits, including:
- B-1 Visas. This visa is intended for “temporary business visitors” and can facilitate travel to the United States to negotiate a deal, attend a work conference, or complete any other type of short-term work arrangement.
- O visas. This extremely flexible visa type can be obtained by professionals that can demonstrate extraordinary abilities or achievements in their field.
- L visas. Multinational businesses can use this visa to send executives, managers, and employees with specialized knowledge to a U.S.-based office or work site.