Investment Immigration Services

Supporting Foreign Investment Immigration Needs

If you want to invest in, establish, or expand a business in the United States, your immigration options depend on what you plan to do and whether you want to remain in the country temporarily or permanently. Immigrant investors may qualify for a U.S. visa based on investing in a U.S. enterprise, engaging in international trade, expanding a foreign company, creating U.S. jobs, or making a substantial gift to the U.S. government.

Immigration Desk helps investors and entrepreneurs identify the immigration option that supports their immediate business plans and long-term goals. Our attorneys have focused exclusively on immigration law for decades and have advised more than 15,000 corporate employers, investors, entrepreneurs, and individuals. We use that experience to help clients coordinate their business activities, financial commitments, supporting evidence, and immigration plans.

How to Choose the Right Immigration Attorney for Your Business Needs.

How Can Immigrant Investors Come to the U.S.?

If you are an immigrant investor considering coming to the U.S., you may have temporary visa options, permanent residence options, or temporary visa options that may eventually lead to permanent residency.

U.S. immigration law provides nonimmigrant investor visas that authorize you to enter the U.S. for specific purposes temporarily. You may also qualify for a green card, allowing you to settle in the U.S. permanently, through an investment-based immigrant visa.

Your immigration attorney can advise you on which programs you may qualify for and help you apply for status through the United States Citizenship and Immigration Services (USCIS).

If you are an investor interested in coming to the U.S. temporarily, common paths include:

  • An E-1 treaty trader visa,
  • An E-2 treaty investor visa, or
  • An L-1A intracompany transferee for managers or executives.

If you are an investor interested in coming to the U.S. and living here permanently, common paths include:

  • EB-5 visa,
  • Trump gold card,
  • Self filed green cards (EB-1A and NIW),
  • Through the employer (EB-1C green cards for L-1A visa holders),
  • Regular work based green cards (PERM based EB-2 and EB-3 categories)

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What Foreign Investors Need To Know

How Do Investors and Entrepreneurs Qualify for Temporary Visas?

Your circumstances and your intentions in the United States determine whether you may qualify for a temporary investor visa. The E-1 and E-2 visas share requirements that you be a national of a country that maintains a qualifying treaty with the U.S. and own an enterprise that shares your nationality.

How Can an E-1 Visa Support an International Business?

An E-1 visa allows qualifying treaty-country nationals to come to the U.S. to conduct international trade. You may qualify for an E-1 visa if:

  • Your enterprise conducts substantial trade through a sizable and continuing series of international transactions
  • More than 50 percent of the enterprise’s international trade occurs between the U.S. and the treaty country
  • You will develop and direct the enterprise from the U.S. once you receive the visa

These requirements may allow you to operate a business that regularly exchanges goods, services, technology, or other qualifying items between the U.S. and the treaty country.

Who Qualifies for an E-2 Treaty Investor Visa?

An E-2 visa allows you to come to the U.S. to develop and direct a business in which you have invested. You may qualify for an E-2 visa if:

  • You have invested or are investing a substantial amount of capital in a specific enterprise
  • You have committed your investment to the business and placed the funds at risk of loss
  • You own at least 50 percent of the enterprise or otherwise have the authority to develop and direct it
  • The enterprise generates or will generate more than enough income to support you or will otherwise make a significant economic contribution

Your investment must be substantial relative to the cost of establishing or purchasing the business.

How Can an L-1A Visa Support Investment in a U.S. Business?

An L-1A visa allows an international business to transfer an executive or manager from a foreign company to a related U.S. company. Your organization may qualify to transfer you to an established U.S. operation if:

  • The organization conducts business in the U.S. and at least one other country
  • The foreign and U.S. companies have a qualifying relationship
  • You worked for the qualifying organization abroad for one continuous year during the three years before your transfer
  • Your position abroad involves managerial or executive duties
  • You will work as a manager or executive for the U.S. company

If you come to the U.S. on an L-1A visa and decide you want to stay, you may be able to pursue an employment-based (EB) immigrant visa.

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How Can Investors Qualify for Permanent Residence?

If you want to settle in the U.S. permanently, you can also apply for an immigrant investor visa or the new Trump Gold Card based on making a substantial financial commitment in the U.S. If you are already in the U.S. on temporary status, you may be able to apply without leaving the country.

How Does the EB-5 Immigrant Investor Program Work?

You may qualify for an EB-5 visa if you:

  • Invest at least $1.05 million, or, if you invest in a qualifying rural area, high-unemployment area, or infrastructure project, at least $800,000 in a qualifying commercial enterprise
  • Place your capital at risk in the enterprise
  • Create at least 10 full-time jobs through the investment

When you immigrate through an EB-5 visa, you receive conditional permanent residence for two years. You can petition to remove those conditions by showing that you followed through on your investment plans.

What Are the Trump Gold Card Requirements?

President Trump’s Gold Card Program allows you to pursue permanent residence through the existing employment-based EB-1A or EB-2 immigrant visas. To qualify for an EB-1A visa, you typically need to have extraordinary ability in the sciences, arts, education, business, or athletics. To qualify for the EB-2 visa without an employer sponsor, you typically must have exceptional ability in one of those fields, and your coming to the U.S. must be in the national interest.

To use the Gold Card program, you make a $1 million unrestricted gift to the U.S. government, or a corporation or similar organization makes a $2 million gift on your behalf. Immigration officials treat the gift as proof that you have extraordinary or exceptional ability in business and that allowing you to come to the U.S. would be in the national interest. You must also submit a nonrefundable $15,000 fee.

Other Alternatives?

  • EB1C for international managers
  • EB1A and NIW
  • Traditional employment based green cards (EB2 and EB3)
  • You may also qualify through a family member already settled in the US
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Discuss Your U.S. Investment Visa Strategy with Immigration Desk

U.S. law offers several options for immigrant investors who want to come to the U.S. temporarily or permanently. To discuss your options, including which visa may best support your investment and long-term immigration goals, contact Immigration Desk. We draw on decades of focused immigration experience to help investors and entrepreneurs immigrate to the United States.

Contact Immigration Desk to discuss your U.S. investment visa strategy.

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