Immigration and relocation can be expensive processes and require detailed pre-planning to ensure that all of your financial, tax, and immigration goals are accomplished.

E-2 Visas are only available to US treaty countries. Click here for the complete list of US Treaty countries from USCIS. The L-1 and E-2 options do allow for permanent residence, only if the investor maintains business operations outside of the U. Do you want to start a new business in the U. Do you intend to keep your overseas business in operation? Do you want to buy an existing business? Do you expect your U. Is your main goal to get a green card or to do business in the U.

Is finding the quickest way to get to the U. Is being able to live in the U. Many families wishing to live in the USA consider the relative advantages and disadvantages of the L1 or E2 and EB-5 visas. In some cases the choice comes down to the funds they have available or wish to utilize.

However, a key implication that is not always realized is that the L1 and E2 visas do not provide the family with permanent residence. A senior American Consular official is reported as saying —. If the investor retires or sells their investment, his or her visa status lapses and he or she must leave the US.

Only single dependent children under 21 are eligible for visas to accompany their investor parent, and when these children turn 21 they lose their status as a dependent and their visa. The more secure option for those that have the necessary capital is the permanent resident [green card EB5] investor visa. This can still happen even after the family may have lived in America for many years when perhaps their children know no other way of life.

The New York Times recently reported an unfortunately typical scenario where a family who had been operating a business on an E2 visa for nine years had the renewal of their E2 visa refused. This left them no option other than to return back to the country that had left nearly a decade earlier. However, for those that do, the fact that it provides permanent residence status is an enormous benefit in many ways.

The one visa covers the entire family, applicant, spouse and all their children under The same cannot be said with confidence about the L1 or E2 visa, particularly in the current economic climate. The L-1A nonimmigrant classification enables a U.

This classification also enables a foreign company which does not yet have an affiliated U. Be transferred to the U. Be permitted to travel in and out of the U. Apply for a Green Card through employment and skip a major step of that process no Labor Certification requirements. While the business must be viable, there is no requirement that it be engaged in international trade. The E-2 nonimmigrant classification allows a national of a treaty country a country with which the United States maintains a treaty of commerce and navigation to be admitted to the United States when investing a substantial amount of capital in a U.

It is possible to obtain via self-employment, and it comes with an unlimited number of extensions. Also, there are no annual limits on the number of E-2 visas that can be issued to qualified applicants. The treaty investor can work legally in the U. The treaty investor may travel in and out of the U. The treaty investor is restricted to working only for the employer or self-owned business that acted as the E-2 visa sponsor.

The initial E-2 visa may last up to five years, with unlimited possible five-year extensions. Each time the treaty investor enters the U. Visas are available for an accompanying spouse and minor, unmarried children. However, the children cannot work in the U. The applicant must be a citizen of a country that has an investor treaty with the United States. The applicant must be coming to work in the U. The applicant must be either the owner or a key employee executive or supervisor, or someone with essential skills of the U.

It must be actively engaged in trade or the rendering of services and meet the applicable legal requirements for doing business in its state or region.

The applicant must intend to leave the U. The applicant will likely be asked to show the U. Permanent residency in the United States for you, your partner and any children under 21 this is especially helpful when children are planning on attending a US university, allowing them to obtain a Green Card during their studies.

No Quota Backlogs — There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category. No Sponsor Needed — Foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member.

In order for an applicant to qualify under the Basic EB-5 Visa program, they must meet the following requirements:.

The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. The EB-5 policy management requirement is minimal in that the investor can be a limited partner and still qualify as long as the limited partners have a policy-making role. Thus, for those who are not interested in day-to-day management or running an active business, Regional Center programs offer a more acceptable inactive form of investment.

The majority of EB-5 investors who choose to pursue the EB-5 route are people who wish for their children better opportunities in the United States of America. People who have a difficulty in pursuing L-1 visas.

EB-5 Immigrant Investor Program | USCIS

Now, more than ever, L-1 visas are viewed more stringently than before, especially in countries such as China and Russia. People who cannot afford to wait too long under the current labor certification avenues to green cards. Whose country is not an E-2 treaty country with the U. People who might not want to pursue Direct, Individual EB-5 case for various reasons.

The law requires that the foreign applicant to have invested in or be in the process of investing the necessary capital into an approved EB-5 project. This is to confirm that the capital will actually be used for the purpose of creating jobs and profit-generating activity. If for instance the money is invested into an approved Regional Center then this project must be located in a targeted area also known as a TEA and must create or sustain 10 full-time jobs for US citizens, lawful permanent residents or other immigrants legally authorized to be employed in the United States.

The requirement of creating at least 10 new full-time jobs can be satisfied by showing that as a result of the investment and the activities of the new enterprise at least 10 jobs will be created indirectly in the region through an employment creation multiplier effect. These Jobs do not have to be directly related to the project and can now include certain construction jobs during the construction phases of the project.

Jobs can also be counted that were created by the investment and located in the region. Forecasting tools which support the likelihood that the business will result in increased employment may be utilized. In an effort to disuade fraud, the EB-5 Visa foreign investor, their spouse and any dependent children are subject to a Conditional Permanent Residence status for a two year probationary period.

Upon the conclusion of the two-year period, the USCIS will then examine the business investment to determine whether or not the investor has complied with all necessary requirements. Submission of the foreign investor application to the USCIS is required to include the following: The parameters under which family members of the investor can qualify for the Conditional Permanent Residence or as a Lawful Permanent Resident are as follows:. Spouse Spouses of the investor are permitted to accompany or follow the investor who has been granted their Conditional Permanent Residence.

We are able to assist you in virtually every facet of your relocation, from assisting in your pre-immigration financial planning to assisting in setting up your new commercial venture to choosing the right EB5 regional center to getting the most competitive exchange rate for your currency transfers or making informed decisions about schools for your children.

Our team of specialists includes expert EB5 immigration attorneys, relocation wealth management finance specialists, real estate specialists and title, tax and securities attorneys. This allows us to provide you with the pros and cons of using the EB5 visa program as a route to US immigration.

Immigration for Your Next U. A basic guide to investing in the US under US Immigration Laws: Checklist for Investors under U. Regional center investment models Which is the best EB-5 Visa Project?

E2 Visa For Investors and Business in USA | E2 Requirements and Application - E2 Visa Renewal - E2 Extensions - Work in America - USA Work Permit - Green Card - E2 Visa - US E2 Investment Visa - Business Investors visa USA - L1 - H1B - H1-B - H-1B - Live in the USA - Job in USA - USA VISA - Work in USA

Special Exemptions for Canadians Canada — Tax Treaty Canadians working in the US About Us Entertainment Law Services Corporate Law Services. Follow these THREE easy steps to determine which visa may be right for you.

Determine your Immigration goals: Individual EB-5, or 4: The following is a checklist of questions to guide you in discussing with your immigration counsel the best option to meet your needs: Comparison Chart for L-1, E-2 and EB-5 Visas. Choose your Visa option: L-1A Intracompany Transferee Executive or Manager The L-1A nonimmigrant classification enables a U. Key Features of the L-1 Visa Be transferred to the U. Be quickly issued your visa Be permitted to travel in and out of the U.

Key Features of the E-2 Visa The treaty investor can work legally in the U. A spouse will be permitted to accept employment in the U. Qualification Criteria for an E-2 Treaty Investor Visa There are six requirements for getting an E-2 visa: S Citizen after 5 years of being a green card holder No Quota Backlogs — There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category.

Make an investment in a new commercial enterprise. Lead to the creation of employment for at least 10 full-time U. Direct job creation only The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. What kinds of people invest in the EB-5? The following types of investors are seeking Regional Center or Direct EB-5 cases: People who are denied non-immigrant visas on certain grounds.

People who are denied EB-1 cases on RFEs. People who are shut out of H-1B quotas. Doctors who practically have no other ways to immigrate. Consult with your Immigration Attorney: Tune in at 10AM PST for our LIVE FB video regarding what to do if you receive a Request for Evidence RFE for your H-1B visa application!!

Select Language Afrikaans Albanian Amharic Arabic Armenian Azerbaijani Basque Belarusian Bengali Bosnian Bulgarian Catalan Cebuano Chichewa Chinese Simplified Chinese Traditional Corsican Croatian Czech Danish Dutch English Esperanto Estonian Filipino Finnish French Frisian Galician Georgian German Greek Gujarati Haitian Creole Hausa Hawaiian Hebrew Hindi Hmong Hungarian Icelandic Igbo Indonesian Irish Italian Japanese Javanese Kannada Kazakh Khmer Korean Kurdish Kurmanji Kyrgyz Lao Latin Latvian Lithuanian Luxembourgish Macedonian Malagasy Malay Malayalam Maltese Maori Marathi Mongolian Myanmar Burmese Nepali Norwegian Pashto Persian Polish Portuguese Punjabi Romanian Russian Samoan Scottish Gaelic Serbian Sesotho Shona Sindhi Sinhala Slovak Slovenian Somali Spanish Sudanese Swahili Swedish Tajik Tamil Telugu Thai Turkish Ukrainian Urdu Uzbek Vietnamese Welsh Xhosa Yiddish Yoruba Zulu.