INVESTOR VISAS

There are two types of investor visas that may be available to individuals wanting to start a business in the United States.  There is the E-2 visa and there is the 

 

DIRECT INVESTMENT

 

Eligibility

 

To be initially eligible for the alien entrepreneur classification, an alien must establish a new commercial enterprise:

 

1) In which the alien will engage in a managerial or policy-making capacity;

2) In which the alien has invested or is actively in the process of investing the amount required for the area in which the enterprise is located;

3) Which will benefit the U.S. economy; and

4) Which will create full-time employment in the U.S. for at least 10 U.S. citizens, permanent residents, or other immigrants authorized for employment. 

 

REGIONAL CENTER

Going through a regional center is the most common way that people apply for an EB-5 visa.  There is a list of Regional Centers that are posted on the governments website that qualify as a regional center http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/immigrant-investor-regional-centers   The investor can go through the regional center’s business plans and see whether or not they want to invest in the company. 

 

1.       The United states has a treaty with that country where treaty/trader provisions exist.

2.       The individual or business possesses the nationality of the treaty country

3.       Trade is principally between the US and the treaty country

a.       Greater than 50% of trade

4.       Individual intends to depart the United States when the E2 visa expires/terminates

a.       Intent is determined at the time of filing the I-129/DS-156E

5.       Investor must invest (currentlyin the process)a substantial amount of capital in a bona fide enterprise

6.       Entering “solely to develop and direct” enterprise

 

1.       Treaty Country

To determine whether there is a treaty or not, check out department of state’s website at: travel.state.gov/content/visas/english/fees/treaty.html