Investment Visas

 

A foreign investor can come to the United States either temporarily and permanently, depending on his or her nationality, the amount of the investment and the number of jobs that the investment will create.

Nonimmigrant (temporary)

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation.For a list of Treaty countries, please check out our Immigration Resources.

E-1 Treaty Traders

Those nationals of a treaty country qualify for an E-1 Treaty Trader visa:

  • Seeking to enter the U.S. to develop and direct the import or export of substantial trade which is principally between the U.S. and the treaty country, or
  • Personnel including executives, managers and those who possess highly specialized skills essentials to the efficient operation of the firm, or
  • Immediate family members of E-1 visa holder.

E-2 Treaty Investors

Those nationals of a treaty country qualify for an E-2 Treaty Trader visa:

  • Investing substantially in a U.S. enterprise, entering the U.S. to develop and direct investments from the treaty country and entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital, or
  • Personnel including executives, managers and those who possess highly specialized skills essentials to the efficient operation of the firm, or
  • Immediate family members of E-2 visa holders.

EB-5 Immigrant (permanent)

A foreign investor can also obtain permanent residence by investing in a business located in the United States the amount of $1 million or $500,000 if the business is located in a rural or high unemployment area. The requirements are:

  • Investment must be in a new commercial enterprise (can be existing business);
  • Invested funds must be the individual's, but may be a gift from a parent or other person, provided the appropriate gift taxes are paid, if required;
  • The business must have been created after November 29, 1990 or the investment must substantially change an older business;
  • Create full time employment for no less than 10 qualified individuals – no direct job creation is required if the investment is in a "Regional Center" (see below).

Regional Center

USCIS has created the EB-5 investmentPilot Program whereby 3,000 immigrant visas are set aside for those who invest $500,000 in a Regional Center. Regional Centers are designated as "any economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productively, job creation, or increased domestic capital investment."The investment through the Regional Center offers the following benefit:

  • Passive investment of $500,000 in a “Targeted Employment Area” (TEA) with a designated Regional Center
  • Investor can be a limited partner with no requirement to run day-to-day management(ideal for retirees or inactive investors)
  • Projects are already approved by USCIS and therefore the investor need not present a business plan for example
  • Investor can live anywhere in the United States
  • No requirement to prove direct job creation, but rather indirect job creation through investment in the Regional Center

List of Recommended Regional Centers:

Procedure

An EB-5 investor will obtain a two year conditional residency upon approval with USCIS of the Petition for Alien Entrepreneur. Upon approval of the petition, the investor may apply for adjustment of status, if in the United States, or for an Immigrant visa if overseas. Prior to the expiration of the conditional residency, the foreign investor will have to file another petition with USCISto obtain lifetime residency which is a process to reconfirm that the required investment has been made and 10 jobs have been created (depending if the investment is made with a Regional Center).