Are you considering an investment opportunity in the United States? An E-2 visa or the EB-5 immigrant investor program may offer a suitable path, depending on your nationality, investment plans, and whether you intend to relocate to the United States temporarily or permanently.

An E-2 visa allows eligible investors to live in the United States to develop and direct a business in which they have made a substantial investment. To qualify, you must be a national of a country that maintains a qualifying treaty with the United States. Your investment must support a real, operating business that is not marginal, meaning it must have more than the capacity to provide a minimal living for you and your family, or make a sizable economic contribution. You must also demonstrate your ability to develop and direct the enterprise.

E-2 status generally permits an initial stay of up to two years, and it can be renewed indefinitely in two-year increments if you continue to meet the qualifications. While there is no limit on extensions if you continue to qualify, E-2 status does not provide permanent residence. Applicants must submit extensive supporting documentation, including evidence of the investment, business operations, ownership, and lawful source of funds.

Your spouse and unmarried children under 21 may accompany you as E-2 dependents. Eligible spouses are authorized to work based on their status.

The EB-5 program may be appropriate if your goal is permanent residence. It generally requires an investment of $1,050,000, or $800,000 in a qualifying targeted employment area or infrastructure project, and the creation of at least 10 full-time jobs for qualifying workers. Special rules allow qualifying troubled businesses to meet the requirement through job preservation. Eligible investors, their spouses, and unmarried children under 21 may apply for green cards through this program.

If you are seeking employment-based immigration options, an H-1B, L-1, O-1, EB-1, or EB-2 national interest waiver may suit your qualifications and goals:

• H-1B visas cover specialty occupations requiring a directly related bachelor’s degree or its equivalent.
• L-1 visas allow businesses to transfer their qualifying executives, managers, and specialized-knowledge employees to the United States.
• O-1 visas are for individuals with extraordinary ability or qualifying extraordinary achievement.
• EB-1 provides permanent residence options for individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• EB-2 national interest waivers allow qualifying advanced-degree professionals or individuals with exceptional ability to self-petition for permanent residence without an employer sponsor, if they satisfy the national interest criteria.

US-ILC helps entrepreneurs, investors, skilled workers, and other professionals evaluate their options, prepare supporting documentation, and understand each step of the process.