Helping Foreign Investors Apply for Visas
If you’re in a financial position to make a significant capital investment in a U.S. enterprise to live and work in the U.S for extended periods of time or to immigrate permanently to the United States, an investor visa may be the right option. The amount you must spend and the requirements you must meet vary depending on the visa you apply for. Whether you are seeking a temporary stay through the E-2 visa or a pathway to a green card via the EB-5 visa, you should contact our skilled immigration attorney at our Austin, Texas law office for a consultation today. At Ghoshal Law PLLC, our lawyers have assisted several foreign investors through the application process of an investor visa.
What Is an Investor Visa?
Investor visas allow foreign nationals to invest in a U.S. business and obtain immigration benefits to live and work in the U.S. In return, the U.S. benefits through economic growth and job creation through the successful operation of a new commercial enterprise run by the immigrant investor.
There are two main investor categories: While they both all require a commitment to invest money and hard work in a commercial enterprise in the U.S., they offer different immigration benefits.
- E-1/E-2 Treaty Investor Visa is a non-immigrant visa for nationals of treaty countries who wish to manage or develop a business in the U.S.
- EB-5 Investor Visa is a pathway to get a green card and become a permanent resident, allowing one to eventually apply for U.S. citizenship.
If you’re considering investing in the U.S. economy so you can enter the country to live and work on a temporary basis with an E-1/E-2 visa or become a permanent resident with an EB-5 visa, you should contact our Austin immigration law firm to get started on your case.
What Are the E-1 and E-2 Treaty Investor Visas?
Both E-1 and E-2 visas are non-immigrant investor visas available to foreign nationals of countries that have a treaty of commerce and navigation with the U.S. However, each visa has a different purpose.
- E-1 Visa is for treaty traders to engage in substantial trade.
- E-2 Visa is for treaty investors who want to invest in and operate a U.S. business.
Note that you do not necessarily need to be currently living in the U.S. to apply. Some examples of treaty countries include Germany, Japan, Australia, Canada, Denmark, Spain, and Thailand. To find out if your country is a treaty country, you can check the Department of State Treaty Country list or ask your immigration attorney.
Simply put, the E-1 treaty trader visa and the E-2 investor visa are appealing options for foreign business professionals, investors, managers, and employees who wish to stay in the United States for extended periods of time to oversee:
- An enterprise that is engaged in trade between the United States and a foreign country, or
- A major investment in the United States
Once your E visa has been granted, you will be able to stay in the U.S. for an initial period of two years. Note that the E visa allows you to apply for an unlimited number of extensions. E-2 visa holders who travel abroad are typically given an automatic two-year extension when they return, without having to file a new I-129 petition.
E-2 Visa Requirements
You must meet specific requirements to qualify for an E-2 visa under immigration law such as:
- Be a national of a treaty country
- Make a substantial investment that’s non-marginal, which means it generates enough profits to support the business and assist with economic growth in the U.S.
- Prove you have control of the funds as a principal investor coming to the U.S. to actively develop and direct the enterprise
The consular officer will determine whether a treaty investor applicant qualifies for a visa.
Keep in mind that the E-2 visa application is very document-intensive. The exact documentation required may vary greatly from one applicant to another, depending on the circumstances. You can expect the consular officer to request additional documentation to determine eligibility.
Family Members and Employees
Family members—spouses and unmarried children under 21, regardless of their nationality—may receive derivative E visas to accompany the principal visa holder. The spouse can apply for employment authorization. Note that key employees may also accompany the principal under the same visa if they meet certain requirements.
If you have questions about this visa or are ready to apply, call our Austin law office for a consultation with a skilled attorney.
How Does the EB-5 Investor Green Card Work?
Employment-Based Fifth Preference Category, or EB-5 was created to attract foreign capital to the United States in order to create more job opportunities and benefit the U.S. economy, as it allows foreign investors to come to the U.S. to open a new commercial enterprise that will hire several U.S. employees.
There are two distinct EB-5 pathways for an immigrant investor to get a green card for themselves and their immediate family:
- Basic Program
- Regional Center Pilot Program
(3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.)
Both programs require the immigrant to make a capital investment of either:
- $800,000 (if investing in a Targeted Employment Area – TEA), or
- $1,050,000 (in non-TEA areas)
in a new commercial enterprise in the United States.
The new commercial enterprise must create or preserve ten full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident (CPR).
Key EB-5 Advantages:
- No job offer or employer sponsorship needed
- No labor certification (PERM) needed
- Path to U.S. citizenship after permanent residency
Challenges:
- High capital investment
- Financial risk inherent in new business ventures
- Conditional status for the first two years
If you have questions about how to apply for the EB-5, contact our Austin immigration law firm today. Our experienced legal team would be happy to guide you through the application process.
How Can an Austin Investor Visa Lawyer Assist You?
At Ghoshal Law PLLC, we have a long history of helping foreign investors hoping to immigrate in exchange for substantial capital through customized legal strategies. Our clients include:
- Start-up founders
- Real estate developers
- Franchise owners
- Foreign entrepreneurs expanding into the U.S. market
Regardless of your circumstances, our skilled immigration attorneys can provide the legal support you need to begin the process of applying for an investor visa.
Call our Austin immigration attorney today at 512-456-3536 for a consultation.