Entrepreneurs and investors have several options to stay legally in the United States while diversifying their portfolio. It is important to look at all visa possibilities and consider the benefits and drawbacks of each before making a decision about which options to pursue. The visas for investors and entrepreneurs are available through the following:
• EB-5 Visa
• EB-2 National Interest Waiver Green Card
• E-2 Visa
EB-5 Visa
The EB-5 Immigrant Investor Program is a U.S. visa program that provides a path to lawful permanent residency (green card) for foreign nationals who make a substantial investment in a new commercial enterprise that creates jobs in the United States.
Here are key points about the EB-5 program:
Investment Requirements:
• To qualify for the EB-5 program, an investor must make a minimum qualifying investment in a new commercial enterprise. The required investment amount depends on the location of the enterprise:
• $1.05 million in a new commercial enterprise that is not located in a targeted employment area (TEA).
• $800,000 in a new commercial enterprise that is located in a TEA, which includes rural areas or areas with high unemployment.
Job Creation:
The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a Conditional Permanent Resident.
Conditional Permanent Residency:
Initially, successful EB-5 applicants receive conditional permanent residency, which is valid for two years.
Removal of Conditions:
Within the 90-day period before the conditional green card expires, the investor must file a petition to remove the conditions on their permanent residency by demonstrating that the required jobs have been created or maintained and that the investment has been sustained.
Processing Times and Waiting Periods:
The EB-5 process involves several steps, and processing times can vary. There is often a waiting period to obtain a visa number, as the number of visas available in the EB-5 category is subject to annual quotas of 10,000 visas.
Regional Centers:
Most EB-5 investments are made through regional centers—organizations that facilitate EB-5 projects. Regional centers are designated by USCIS based on proposals for promoting economic growth.
Risks and Due Diligence:
Potential investors should carefully evaluate EB-5 projects and conduct due diligence to assess the viability and legitimacy of the investment. Like any investment, there are risks associated with the EB-5 program.
The EB-5 program is complex, and individuals considering participation should seek guidance from immigration professionals and financial advisors. Additionally, it’s important to stay informed about any updates or changes to the program’s regulations and requirements.
EB-2 National Interest Waiver (NIW) Green Card
NIW stands for National Interest Waiver, which is a provision in the U.S. immigration law that allows certain foreign nationals to seek an exemption (waiver) from the usual job offer and labor certification requirements for employment-based green cards. The National Interest Waiver is a pathway to obtaining lawful permanent residency (a green card) in the United States.
Key points about the National Interest Waiver (NIW):
Purpose:
The NIW is designed for individuals whose work is deemed to have substantial merit and be in the national interest of the United States. It is typically available to individuals with advanced degrees and/or exceptional abilities in their field.
Employment-Based Immigration:
The NIW is associated with the employment-based immigration preference category, specifically EB-2 (Employment-Based, Second Preference). It can either be employer-sponsored, self-sponsored, or a request to seek employment in their field. If self-sponsored, the investment must be commensurate with the business type.
Eligibility Criteria:
To qualify for the National Interest Waiver, an applicant must demonstrate that their work is of “substantial intrinsic merit” and that the benefits of their work are “national in scope.” They must also show that it would be in the national interest of the U.S. to waive the job offer and labor certification requirements.
Documentation and Evidence:
Applicants must provide documentation and evidence supporting their claim that their work has substantial merit, their work is of national interest, and they are well positioned to carry the endeavor forward. This may include letters of recommendation, publications, awards, and other evidence of exceptional abilities or achievements.
Adjudication Process:
The adjudication process for the NIW involves submitting a petition (Form I-140) to the U.S. Citizenship and Immigration Services (USCIS). If approved, the individual may then apply for adjustment of status to obtain a green card. In certain cases, the I-140 and green card application can be filed at the same time.
The National Interest Waiver is a valuable option for certain professionals and researchers who can demonstrate the significance of their work to the United States. As immigration policies can change, individuals considering the NIW should consult with an immigration attorney for the latest guidance and requirements.
E-2 visa
The E-2 visa is a nonimmigrant visa category that allows individuals from certain treaty countries to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business. The E-2 visa is often referred to as the “Treaty Investor Visa.”
Key points about the E-2 visa:
Treaty Countries:
The E-2 visa is available to individuals from countries that have a treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries qualify, and the list of eligible countries may change.
Investment Requirement:
To qualify for an E-2 visa, an individual must make a substantial investment in a bona fide enterprise in the United States. The investment must be at risk and irrevocably committed to the business.
Substantial Investment:
The term “substantial” is relative and depends on the nature of the business. It is generally evaluated based on the proportionality of the investment to the total cost of either purchasing an existing business or establishing a new one.
Ownership and Control:
The individual must have a significant ownership interest in the enterprise, and they must have control of the funds invested. There is usually no specific percentage requirement, but the investor must have operational control of the business.
Business Purpose:
The business in which the investment is made must be a bona fide enterprise with the purpose of generating a profit. It cannot be a marginal enterprise solely for the purpose of supporting the investor and their family.
Renewable Status:
The E-2 visa is initially granted for a limited period, usually anywhere from a couple months up to five years, but it can be renewed indefinitely as long as the qualifying criteria continue to be met.
Dependents:
E-2 visa holders can bring their spouses and unmarried children under the age of 21 to the U.S. as dependents. Spouses will have work authorization upon obtaining their derivative status.
Single Intent:
Unlike some other visa categories, the E-2 visa does not have dual intent, meaning the E-2 visa holder must not have the intention to apply for permanent residency (a green card) while on the E-2 status.
The E-2 visa is a popular option for entrepreneurs and investors who wish to actively manage and develop their investments in the United States. It provides a flexible and renewable status for eligible individuals. As immigration policies may change, it’s advisable to consult with an immigration attorney for the latest information and guidance.
Bonus Information
As promised, here’s some bonus information that you you should consider before applying for a visa:
1. Thorough Research: Understand the specific requirements and eligibility criteria for the chosen investment visa category.
2. Legal Guidance: Seek advice from an immigration attorney with experience in investment visas to navigate complex regulations.
3. Financial Planning: Ensure you meet the minimum investment thresholds and have a clear financial plan for the proposed venture.
4. Document Preparation: Prepare a comprehensive set of documents, including financial records, business plans, and supporting evidence.
5. Business Viability: Clearly demonstrate the viability and job-creation potential of your investment.
6. Due Diligence: Conduct due diligence on the investment project or business to ensure it aligns with immigration requirements.
7. Follow Timelines: Adhere to application timelines and submit required documents promptly.
8. Professional Communication: Communicate professionally with immigration authorities and respond promptly to any requests for additional information.
9. Accurate Information: Provide accurate and truthful information on your application to avoid complications.
10. Maintain Legal Status: If you are in the U.S. on another visa, ensure you maintain legal status while awaiting an investment visa decision.
11. Engage Experts: Engage professionals, such as immigration attorneys, business consultants and financial experts, to strengthen your application.
12. Network and Collaborate: Build a network and collaborate with reputable partners in the U.S. to enhance your application’s credibility.
Remember, the success of an investment visa application often depends on the thoroughness of your preparation and adherence to immigration guidelines. It’s recommended to consult with professionals and seek personalized advice based on your specific circumstances.
Last but not least, be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.