Business and investment

Any visa for an investor is temporary since, with their help, it will not be possible to obtain a green card (the exception is an EB-5 visa).

Types of American visas for investors:

E-1 visa – Trader Visa

Issued to foreign investors from countries that have an agreement or international agreement with the United States. The purpose of an investor’s entry into the United States should be to conduct trade between his country and the United States. A complete list of countries that have signed the treaty and now their citizens can receive an E-1 visa is available on travel.state.gov

E-2 visa – Investor Visa

It can also be obtained only by those foreigners whose countries have signed an agreement on trade and investment with the United States. The full list can be viewed on the State Department website. Belarus and Russia have not signed such an agreement with the United States.

A visa can be obtained by persons who have made an earnest financial investment in an American company. At the same time, the investor’s goal should be as follows – to be personally in the United States to develop this project.

Conditions for obtaining an American E-2 visa:

• The investor is a citizen of the country that has agreed with the United States.
• A person who opened a new company in the United States or bought an existing one. When investing in a company up to $ 100 thousand, you will need serious arguments to get a visa.
• The company or business in which the investment is made must be 50% or more owned by citizens of the state that has agreed with the United States.
• The investor must want to manage the company personally, be its highly qualified employee, and develop it.
• Money for investment should not be the last. There must be other sources of income so that in the United States, a person can fully provide for himself and his family.
• This investment should lead to the creation of new jobs in the United States. The minimum number is not specified.
• In the next 5 years, the company in the long term should generate income that fully covers the investor’s family’s needs.

Why the E-2 visa is beneficial for an investor

• You can invest in small companies and large corporations.
• You can renew your legal status in the United States almost indefinitely.

How to Apply for an E-2 Visa

• In your country, you must contact the US consulate.
• In the United States, you must contact the Immigration Service (USCIS).
• You can leave the US, come to the US consulate in your country and come again, but already in the status of an investor.

Is an attorney required to apply for an E-2 visa?

You can submit all documents yourself. But there is a high probability of getting a refusal because you need to argue that your role in the company will be significant, describe the business plan and prove its prospects for the coming years. A lawyer can help with all this.

E-3 visa

This is a special free trade agreement and is only issued to Australian professionals.

Investor visa EB-5

With this visa program, the investor and his family can get a green card. To do this, you need to invest in an American company and create at least 10 new jobs. In this case, the green card will be received by the investor’s wife (husband) and children (up to 21 years old, not married).

Main requirements for an investor:

• The minimum investment is $ 900 thousand.
• At least 10 new jobs are created (full-time).
• Sources of investment must be legal.

There are two options to participate in the EB-5 visa program:

• Open your business.
• Invest in a project of one of the regional centers that cooperate with the centers of immigration. In this case, you do not have to develop the project personally, and everything will be done for the investor using his funds.

How to participate in the Regional Centers (RC) program

Regional centers strive to develop the region’s economy, attract cash investments in local enterprises, and create new jobs.

Even if the RC is approved and recognized by the US Immigration Service, it does not mean that the visa will be guaranteed to be issued or the investment will be returned if something goes wrong in the development of the company.

The fact that the US Immigration Service recognizes the RC does not reduce the risks for the investor.

Therefore, you should always consider each proposal seriously. After all, if the project goes bankrupt, the investor loses both his money and the opportunity to withdraw conditional status from the green card.

EB-5 Visa Application Process:

• Select a project for investment and collection of all documents.
• Filing an I-526 petition.
• The application can be considered for about 16 months.
• If approved, the investor and his family receive conditional green cards giving the right to stay in the United States and work there legally.
• After a while, you can file an I-829 petition for a permanent green card. It will be necessary to prove that the project is developing according to plan, is making a profit, investments have not been withdrawn from it, and that new jobs are being created.
• If the I-829 petition is approved, the investor will receive a permanent green card.
• Thus, obtaining US citizenship through the EB-5 visa program will take, on average, about 5 years.