Immigration Through Investment
The US investment visas have been broadly classified into three types:–
Treaty Trader,Treaty Investor and Employment Based Investment Visa
Treaty Trader Visa
This visa may not be an investment visa in the real sense, as it does not require any monetary investment. But it requires a record of ongoing transactions such as imports or exports between your country and the USA
Treaty Investor
Treaty Investor visa requires a substantial amount of investment into real, operating business in the US. The investor needs to have the control of funds and the investment should be substantial i.e. it should be able generate a substantially larger amount of income than just what would be enough for the investor and his family to live.
E-2 Investment Visa
The E-2 visa is a non-immigrant visa, available to nationals from countries, which have bilateral investment, commerce, and navigation treaties with the United States. lIndividuals who qualify will have made a substantial investment in a United States company, and wish to come to the U.S. to develop and direct the business operations of that enterprise. lThis visa must be renewed every other year, but there is no limit to how many times one can renew. l Although an E-2 visa is generally not considered to be a path to permanent residency, in some circumstances, the holder of an E-2 visa may qualify to apply for permanent residency in the United States.E-2 Investment Visa.
Benefits of E-2 Visa
You can work legally in the U.S. for a U.S. company that is the subject of the investment.
You can travel freely in and out of the U.S. while on a valid E2 visa.
You can stay on a prolonged basis with unlimited two-year extensions as long as you maintain valid E2 status.
You may bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.
Your spouse may seek employment by applying for an employment authorization document
Eligibility for E-2 Visa
The applicant is required to come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital.
In addition to the investment in a business enterprise, the investor must be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. l lThe applicant must have more than fifty (50%) percent ownership of the investment, unless the applicant is coming as an employee of the enterprise.
You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E2 visa purposes. Treaty countries currently include:
–Albania –Argentina – Armenia – Australia – Austria – Azerbaijan – Bahrain – Bangladesh –– Colombia – Congo (Brazzaville) – Congo (Kinshasa) – Costa Rica – Croatia –Czech Republic – Ecuador – Egypt – Estonia – Ethiopia – Finland – France – Georgia – Germany – Grenada – Honduras – Iran – Ireland – Italy – Jamaica Belgium – Bolivia – Bosnia and Herzegovina – Bulgaria – Cameroon – Canada – Chile – China (Taiwan) –– Japan – Jordan –Kazakhstan – South Korea – Kyrgyzstan – Latvia – Liberia – Lithuania – Luxembourg –Macedonia – Mexico – Moldova – Mongolia – Morocco –the Netherlands – Norway – Oman – Pakistan – Panama – Paraguay–Philippines –Poland – Romania – Senegal – Singapore – Slovak Republic – Slovenia – Spain – Sri Lanka – Suriname – Sweden – Switzerland – Thailand – Togo – Trinidad & Tobago – Tunisia – Turkey – Ukraine – United Kingdom –Yugoslavia
Key Essentials for E-2 Visa :
1) Your investment must be substantial. – It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise. lYour investment must be in a real operating commercial enterprise. Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. Your investment may not be marginal.
2) The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S. lYou must have Control of Funds and Bear the Risk of Investment –You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise only are not considered to be at risk.
FAQs on E-2 Visa:
Q: What is a ’substantial investment’?
A: An investment of at least $200,000 is considered substantial. However, it is not fixed and there are consulates who may accept as low as $100,000, while a few demand as much as $500,000. Ideally $200,000 would be the most appropriate figure.
Q: What type of businesses qualify?
A: Visas are issued for all types of business ventures, e.g. convenience stores, motels, property management companies, shooting ranges, gift shops, building contractors, food franchises, and pool cleaning companies. All kinds of businesses can qualify.
Q: How long can I stay in the US on investor visa?
A: You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
Q: Can my dependents study on dependent E-2 status?
A: Yes, your dependents may join U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.
Q: Are there any travel restrictions on E-2 investor visas?
A: No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
Q: What is the processing time for E2 visas?
A: The processing time for E2 visas is generally four weeks from the filing of the application; this may vary depending upon the workload in the U.S. Consulate you choose to apply.
EB5 Visa:
lUnder section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. lOf the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”
Regional Center:
Is an entity, organization or agency that has been approved as such by the Service;
Focuses on a specific geographic area within the United States; and , Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment
Alien Investors Must :
Demonstrate that a “qualified investment” (see below) is being made in a new commercial enterprise located within an approved Regional Center; and
Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
Who is eligibile for Eb5 Visa:
1) Who establish a new commercial enterprise by:
–creating an original business;
–purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
–expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2) Who have invested — or who are actively in the process of investing — in a new commercial enterprise:
–at least $1,000,000,or
–at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
3) Whose engagement in a new commercial enterprise will benefit the United States economy and:
–create full-time employment for not fewer than 10 qualified individuals; or
–maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
Targeted employment area
Targeted employment area means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
Filing Process for EB5 Visa
In order to become a lawful permanent resident, eligible investors must file a Form I-526, Immigrant Petition for Alien Enterpreneur and later the form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident. For further details please visit uscis.gov and travel.state.gov
