E-2 Investor Visas
E-2 visa is a non-immigrant business visa for Investors and investor employees from countries that have commerce and navigation treaties with the U.S. The U.S. Department of State’s Treaty Countries contains a current list of these treaty countries. In order to qualify for an E-2 investor visa, the investor must invest a substantial amount of capital in a U.S. business and meet all other legal and regulatory requirements. E-2 visas may also be obtained for employees from treaty countries who either engage in supervisory or executive roles or have special qualifications. In addition, treaty investors must show that they can support themselves independent of the business being invested in.
E-2 visas are usually issued for an initial maximum two-year period and can be renewed in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.
Family members of Treaty investors and treaty employees [that is, their spouses and unmarried children under 21 years of age] can also seek E-2 nonimmigrant classification as dependents.
Immigrant Investor Visas: EB-5
Under the EB-5 Investor program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
- Make the necessary investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise established after Nov. 29, 1990, or one that resulted from restructuring, reorganization or expansion of an already existing business.
EB-5 investors can invest cash and cash equivalents, equipment, inventory, other tangible property and assets, so long as those assets are not being used as security for the company’s debts. An investor cannot use assets acquired, directly or indirectly by unlawful means (such as criminal activities) and the capital cannot be borrowed.
Generally, the minimum qualifying investment in the United States is $1 million, but for investments within high-unemployment areas or rural areas the minimum investment is $500,000. EB-5 investors have to create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of being admitted into the United States as a permanent resident, although under special circumstances they may be allowed an extension for a reasonable time after the two-year period ends.
The law relating to investment and business visas is complex and requires proper guidance and legal representation. Contact Paul Law Firm today for all your business immigration needs.
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