U.S. IMMIGRATION LAW

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For investors, entrepreneurs and businesses , there is a wealth of opportunity in the U.S. Some of the top reasons investors look to the U.S. for economic opportunities include a business-friendly environment, quality of life, supply chain advantages, skilled workforce and infrastructural factors. In addition, its atmosphere of diversity and openness allow businesses from around the world and across industries to identify their niche and thrive.

If you are an investor, entrepreneur or business desiring to do business in the U.S., our law firm can help you prepare a solid immigration package that meets the eligibility requirements of the immigration program that works best for your business. Our professionalism, experience and skill-sets are top notch. Partnering with us is the right step forward to starting your journey to new business opportunities and prosperity in the U.S.

VISA CATEGORIES

The first step in the EB-5 process is to locate a business project. There are two avenues you can take:

  1. New commercial enterprise, or
  2. Regional Center investments that work directly with the U.S. Citizenship and Immigration Services (“USCIS”) to connect you with a qualifying investment opportunity.

In the vast majority of cases, applicants of the EB-5 visa are required to make either a $500,000 or $1 million capital investment into a U.S. business project. This investment can take many forms, including cash, inventory, equipment, secured indebtedness, real property, or the equivalent of cash. Please note that the dollar amount for your capital investment is based on the U.S. dollar’s fair-market value.

In addition to your capital investment, applicants must show that they have the capacity to create 10 full-time job positions for their business project. Under the EB-5 process, being granted approval of the initial conditional permanent residence application typically takes 2 or more years. In most cases, the entire process from the initial conditional permanent residence application to permanent residency takes 5 years. Therefore, details mean everything in this process. We highly recommend that you contact our law firm to kickstart your EB-5 process in the right direction.

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The L-1A visa is the first step to obtaining a Green Card for entrepreneurs or business people who desire to open an office in the U.S. Those who are eligible for this visa status must have a sufficient investment in their U.S.-based company. Although there is no minimum amount the foreign company must invest, the USCIS will compare the initial investment in the aboard company against the U.S.-based company’s investment to ensure there is sufficient capital to start the business. This is not a situation where a passive investment is acceptable; there must be active management of the U.S.-based business.

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The purpose of the E-1 Treaty Trader visa is to promote trade and investment in the U.S. between the U.S. and countries of which it has treaties. Foreign nationals who are managerial and specialist employees with highly specialized skillsets may apply for an E-1 visa. This E-1 visa gives them permission to engage in business with a U.S. company.

Applicants must intend to engage in a commercial project that involves a substantial trade of goods, services or technology; or the applicant must develop and direct a business project in which they have invested. Among other criteria, the applicant must maintain a permanent residence in a country that has a treaty with the U.S.

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The E-2 Investor visa is available to foreign nationals who reside in countries that have a Treaty of Trade and Commerce with the U.S. To be eligible for this visa, a business person must make a “substantial” investment in an “active” U.S. business. A “substantial” investment is determined by the total value of the U.S. investment project and the amount of capital needed to carry out the development and direction of this business project.

Please note, under U.S. Immigration law, investing in an active U.S. business means an investment in real property. Stocks and bonds are not considered active investments.

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B-1 Temporary Business Visa is used for temporary, short-term business activities in the U.S. The B-1 Visa permits a business person to conduct a wide-range of activities including those of a commercial or professional nature.

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IMMIGRATION STATUSES 

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Do not leave crucial decisions to chance. Allow an experienced Immigration Lawyer to skillfully guide you through the immigration process. If you have questions, we want to hear from you and answer your questions. Please submit your question below, and one of our legal professionals will respond to you soon.