EB-5 Investor Visa
The EB-5 visa for Immigrant Investors is a visa which provides a method of obtaining a green card for foreign nationals who invest money in the U.S. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area,” an area of high unemployment or a rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family. Investments can be made directly in a job-generating commercial enterprise (new, or existing – “Troubled Business”), or into a “Regional Center,” which is a 3rd party-managed investment vehicle, which assumes the responsibility of creating the requisite jobs.
If the foreign national investor petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period. If approved, they will gain lawful permanent residence status.
E-2 Treaty Investor
The E-2 Investor Visa allows an individual to enter and work in the U.S. based on an investment (typically between $50,000 and $150,000) they will be controlling, while inside the U.S. This visa must generally be renewed every five years, but there is no limit to how many times an investor can renew. The investment must be “substantial.”
For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture.
Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the U.S. at any time.
Dependent spouses of E-2 Treaty Investors are eligible for work authorization.
To learn more about investor visas, make an appointment with our office.