Investor

Temporary/Nonimmigrant Visas

E-1 Visa

Allows a national of a treaty country to be admitted to the United States to engage in international trade.
Certain employees of such individuals or of a qualifying organization may also be eligible for this classification.
A “treaty country” is a country with which the United States maintains a treaty of commerce and navigation.
To qualify for E-1 classification, the treaty trader must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation.
Carry on substantial trade.
Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
Spouses and unmarried children may obtain derivative E visas.

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E-2 Visa

Allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business.
Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
A “treaty country” is a country with which the United States maintains a treaty of commerce and navigation.
To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device
Spouses and unmarried children may obtain derivative E visas.

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EB-5 Immigrant Visa

The EB-5 Category was created by the Immigration Act of 1990 for foreign nationals who invest in a new commercial enterprise that will benefit the US economy and create at least 10 full time jobs.
Congress set aside 10,000 immigrant visas annually for investors and their immediate family members. There is no quota waiting list for EB-5, unlike H1-B and H2-B nonimmigrant visa classifications, and most EB-2 and EB-3 immigrant classifications where the demand far exceeds the supply.
At least 3,000 of the 10,000 EB-5 Green Cards are set aside for qualifying immigrants who participate in the EB-5 Regional Center Program that targets high unemployment or rural areas across the US.
All EB-5 investors must:

Capital:

The general investment amount is $1 million for the EB-5 Program.
Alternatively, $500,000 is acceptable if the business is situated in a targeted employment area. A targeted employment area is defined as an area with unemployment of at least 150% of the national average rate OR a rural area, an area not within a MSA or outer boundary of any city or town having a population of 20,000 or more.
Law requires an investor to have invested or be in the process of investing required capital.
No provisions for guaranteed returns or redemptions may be made.
Capital may include cash or cash equivalents, equipment, inventory, and other tangible property.
Capital invested must be “at risk”, with focus on actual and intended uses of capital to confirm that it will be used for job creation and profit generating activity.
Must be able to trace the capital to the investor.
Must provide evidence that the source of investment funds is lawful.

New Commercial Enterprise – the law requires that investor-petitioner invest in a “new commercial enterprise”

“New “= formed after 11/29/1990
Investment in a business formed prior to 11/29/1990 may be acceptable if two situations:
Substantial reorganization/restructuring of existing business. Complete transformation
Expansion of existing business resulting in increase of at least 40% of net worth of business or in the number of employees in business.
“Commercial Enterprise” = any for profit entity formed for ongoing conduct of lawful business.
Excluded non-commercial activity (personal residence)

Engage in Management – the law requires that the investor is “engaged in the management” of the business

Investor must be involved in either day-to-day managerial control of enterprise or in management of enterprise through policy formulation
Corporate officer, board member, limited partner with rights and responsibilities of ULPA

Create or Save 10 Full-Time Jobs:

In general, the investor must create 10 full time jobs for US workers
Investor, spouse and children do not count toward the 10 employee minimum
Jobs must be F/T (min 35 hrs/week). P/T jobs do not count.
If the investment is through a Regional Center, the creation on indirect jobs resulting from investment may be considered
Jobs must be created by the end of the 2 year conditional residence period.

REGULAR EB-5 PROGRAM v. REGIONAL CENTERS

Regular EB-5 Program - In order for applicant to qualify under the regular EB-5 Program, must meet three requirements:

Invest in new commercial enterprise
Invest at least a minimum of $1 million into the business, or $500,000 if business is located in a targeted employment area or a rural area.
Create employment for at least 10 full-time US workers

Regional Centers - Entities, organizations or agencies that focus on one specific geographic area within the US in order to promote economic growth there.

Most regional centers are in targeted employment areas.
Regional Centers are designated by USCIS. The Centers do not guarantee profit or the return of an investor’s principal investment.
Different from the Regular EB-5 Program in that:

For more information please contact Olivia Orza. at 404.602.0106 or oorza@goimmigrationlaw.com