If you’re a non-US citizen with a view to building business interests in the US then the visa options open to you can be perplexingly various. Hopefully we can shed some light on the best options open to you and where you can get help in pursuing them.
Foreign investment has been a vital part of economic infrastructure that has been actively encouraged to stimulate economic activity in the US for decades and therefore the US has a vested interest in protecting foreign investors.
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This is usually controlled by two types of visa, the E-2 and the EB-5. While both have their benefits, only the EB-5 can result in a Green Card.
The best type of visa for you will likely depend on a number of factors including:
- Your country of origin.
- The amount of capital you have to invest.
- The type of business you want to invest in.
- A number of jobs you expect to create.
- The amount of time you expect to stay in the US.
The E-2 visa
The E-2 visa is intended for a temporary stay (usually issued for 2-5 years) in the US and is dependent on a reciprocal treaty between your country of origin and the US, so the implication is clear here… No treaty, no E-2 visa.
It also requires a ‘substantial’ capital investment, in most cases of at least $100,000 in a company that is majority owned by citizens of your country of origin.
You must be a business owner, manager, executive or contribute an ‘essential skill’ to apply for the E-2 visa.
Is it right for me?
The E-2 visa is most beneficial to:
- Those investing in US property.
- Those who want to purchase a franchise or small business in the US.
- Those who want to retire to the US.
The EB-5 visa
EB-5 visas are more flexible, as they are available to investors of all nationalities, and unlike the E-2 can result in receipt of a Green Card. The EB-5 visa was intended to stimulate economic growth through job creation and to encourage foreign investors to create new commercial enterprises or aid in the recovery of troubled businesses. They are, however, finite with only 10,000 being awarded annually. The application process is stringent and applicants are recommended to consult an EB-5 immigration lawyer to aid in the application process.
While the EB-5 is more flexible than the E-2, it still specific criteria that need to be met. Applicants must create at least 10 US based jobs and present an investment of $500,000-$1,000,000 depending on whether the investment is direct or regional center based.
Direct investment is for those who wish to create a new enterprise or purchase an existing business. These investors are typically expected to invest a million of $1,000,000 unless the business is located in an area of severe unemployment. Regional center investment pertains to investments in areas of business deemed to have an especially high need for economic stimulation. The minimum investment, in this case, is $500,000.
Therefore, an EB-5 visa is best suited to those who not only wish to make a sizeable investment in a US-based enterprise but who also wish to live and work in the US. It affords you and your family (provided they qualify) unlimited residency in the US without the need to re-apply or renew.
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