What is an Investment Visa? | Key Details Explained

An investment visa is a powerful tool for foreign nationals seeking to enter the U.S. to manage or invest in a business. This visa allows individuals to live and work in the U.S. while contributing to the economy through their investment activities. With different investment visas, like the EB-5 and E-2, it's crucial to know their specific requirements and benefits. This will help you choose the right one.

If you're considering an investment visa to achieve your business goals in the U.S., it’s important to get expert advice tailored to your situation. Call 313-631-8080 to speak to an investment visa attorney today. They can guide you through the application process. This will help you achieve your investment goals.

Types of U.S. Investment Visas

There are several types of U.S. investment visas, each designed to meet different business and investment needs. Understanding the various options can help you choose the best visa for your specific goals and circumstances.

E-1 Visa

The E-1 Treaty Trader Visa is a non-immigrant visa. It allows individuals from treaty countries to enter the U.S. to engage in substantial trade between the U.S. and their home country. This trade can involve goods, services, or technology.

To qualify for an E-1 visa, the applicant must be a national of a country that maintains a treaty of commerce with the U.S. The trade conducted must be substantial and ongoing, demonstrating a significant volume of trade between the U.S. and the home country. There is no required investment amount. But, the business must be operational and engaged in continuous trade. Additionally, the applicant must show intent to leave the U.S. upon the end of their E-1 status.

The visa is initially granted for up to two years but can be renewed indefinitely as long as the trade continues and the applicant maintains the requirements.

E-2 Visa

The E-2 Treaty Investor Visa is a non-immigrant visa that allows individuals from countries with which the U.S. has a treaty of commerce and navigation to enter and work in the U.S. to develop and direct an enterprise in which they have invested a substantial amount of capital. This visa is designed for foreign investors who wish to manage and grow their U.S.-based businesses.

To qualify for E-2 status, several key requirements must be met. First, the applicant must be a national of a country that has a treaty of commerce and navigation with the U.S. The investment must be substantial. This means it must be significant enough to ensure the successful operation of the enterprise. Although there is no specific minimum investment amount, it should be proportional to the business's needs.

The investment must also be at risk, meaning that the funds should be committed to the business and subject to loss if the enterprise fails. The enterprise must be operational and actively engaged in commercial activity. Furthermore, the applicant must demonstrate that they will be involved in the day-to-day operations or in a managerial or executive role.

E-2 visa is typically granted for up to two years but can be renewed indefinitely as long as the investment and business continue to meet the visa requirements.

EB-5 Visa

The EB-5 Immigrant Investor Visa is a program that allows foreign nationals to obtain U.S. green cards by investing in a new commercial enterprise that creates jobs for U.S. workers. The goal of the EB-5 investor visa program is to stimulate the U.S. economy through job creation and capital investment.

To qualify for an EB-5 visa, the applicant must meet several key requirements:

1. Investment Amount: The applicant must invest either $1.05 million in a new commercial enterprise or $800,000 if investing in a targeted employment area (TEA), which is typically a rural area or one with high unemployment.
2. New Commercial Enterprise: The investment must be made in a new commercial enterprise, which means the business must be newly established or a new commercial enterprise formed by the reorganization or expansion of an existing business.
3. Direct Job Creation: The investment must lead to the creation of at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. The jobs must be direct, meaning they are created within the business funded by the investment.
4. At Risk Investment: The investment must be at risk for the purpose of generating a return on the investment. This means the funds must be committed to the enterprise and subject to potential loss.
5. Active Involvement: While EB-5 investors do not need to manage the enterprise daily, they must demonstrate that they have made an active investment and will be involved in the business.

The EB-5 investment visa provides a pathway to permanent residency (a green card) for the investor, their spouse, and their unmarried dependent children under the age of 21. The initial visa is conditional for two years. After that, the investor must petition to remove the conditions. They must prove that the investment met all EB-5 program requirements, including job creation.

L-1 Visa

The L-1 Visa is a non-immigrant visa that allows multinational companies to transfer employees from their foreign offices to their U.S. offices. It is designed for individuals who are either executives, managers, or possess specialized knowledge critical to the company’s operations. There are two types of L-1 visas: L-1A for executives and managers, and L-1B for employees with specialized knowledge.

L-1A Visa Requirements:

1. Employment Status: The applicant must have been employed by the company outside the U.S. for at least one continuous year within the three years preceding the application. The employment must be in a managerial or executive capacity.
2. Company Relationship: The U.S. company and the foreign company must have a qualifying relationship, such as a parent company, subsidiary, affiliate, or branch.
3. Job Role: The applicant must be coming to the U.S. to work in an executive or managerial role.

L-1B Visa Requirements:

1. Employment Status: The applicant must have worked for the foreign company for at least one continuous year within the three years before the application in a role that involves specialized knowledge.
2. Company Relationship: Similar to the L-1A, the U.S. company and the foreign company must have a qualifying relationship.
3. Job Role: The applicant must be coming to the U.S. to work in a role requiring specialized knowledge about the company’s products, services, or procedures.

The L-1 visa is initially granted for up to three years for L-1B and up to seven years for L-1A visa holders, with the possibility of extensions.

Can I bring my family to the U.S. on an investment visa?

You can bring your family to the U.S. on certain investment visas, though the eligibility criteria and process may vary depending on the type of visa:

• E-1 and E-2 Visas: Spouses and unmarried children under 21 of E-1 and E-2 visa holders can accompany the principal visa holder to the U.S. The spouse can apply for work authorization, allowing them to work legally in the U.S. Children can attend school but are not eligible to work.
• EB-5 Visa: The principal investor’s spouse and unmarried minor children can apply for green cards (permanent residency) along with the investor. They can live, work, and study in the U.S. without any restrictions.
• L-1 Visa: The L-1 visa permits family members to come to the U.S. with the principal visa holder. The spouse of an L-1 visa holder can apply for work authorization. Unmarried children under 21 can live and attend school in the U.S., but they cannot work.

For each visa type, the process for family applicants generally involves submitting the appropriate forms and documentation alongside the principal visa holder's application. It’s important to review specific requirements and procedures for each visa category to ensure compliance and a smooth application process.

Can an investment visa lead to a green card?

Certain investment visas can lead to a green card, though the pathways differ:

EB-5 Visa

The EB-5 Immigrant Investor Visa is explicitly designed to lead to permanent residency (a green card) in the U.S. Investors must make a substantial investment in a new commercial enterprise and create or preserve at least 10 full-time jobs for U.S. workers. Upon approval, foreign investors receive a conditional green card valid for two years. To obtain a permanent green card, they must file Form I-829 to remove the conditions before the two-year period expires.

E-1 and E-2 Visas

The E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa do not directly lead to a green card. These non-immigrant visas allow foreign nationals to enter the U.S. to manage or engage in trade or investment in a business. While they do not provide a direct path to permanent residency, holders of these visas might pursue a green card through other immigration routes, such as employment-based visas (e.g., EB-2 or EB-3) or family-sponsored immigration.

L-1 Visa

The L-1 Intracompany Transferee Visa can be a pathway to a green card. Specifically, L-1A visa holders, who are executives or managers, can apply for a green card under the EB-1C category for multinational managers and executives. This is a common route for L-1A visa holders seeking permanent residency.

In summary, while the EB-5 visa directly leads to a green card, the E-1 and E-2 visas provide routes that may eventually lead to permanent residency through other processes. The L-1 visa offers a more direct path to a green card for eligible individuals.

Application Process for Investment Visas

The application process for investment visas involves several key steps, including gathering documentation, meeting eligibility requirements, and submitting a detailed application. Understanding each stage is crucial for ensuring a smooth and successful application.

The E-1 visa application process:

1. Determine Eligibility: Ensure you are a national of a treaty country and are engaged in substantial trade between the U.S. and your home country.
2. Prepare Documentation: Collect necessary documents, such as proof of nationality, evidence of trade, and details of the trade relationship.
3. File Form DS-160: Complete Form DS-160, the Online Nonimmigrant Visa Application, for you and dependent family members.
4. Schedule and Attend Visa Interview: Schedule an appointment with the U.S. Embassy or Consulate in your country of residence. Attend the interview with all required documentation.
5. Receive Visa Decision: If approved, you will receive an E-1 visa, which allows you to enter the U.S. and conduct trade activities.

The E-2 visa application process:

1. Determine Eligibility: Confirm that you are a national of a treaty country and have made a substantial investment in a U.S. business.
2. Prepare Documentation: Gather documents, including proof of nationality, evidence of the investment, a detailed business plan, and proof of the business's viability.
3. File Form DS-160: Submit Form DS-160, the Online Nonimmigrant Visa Application.
4. Schedule and Attend Visa Interview: Book an appointment with the U.S. Embassy or Consulate. Attend the interview with your documentation.
5. Receive Visa Decision: Upon approval, you will receive an E-2 visa, enabling you to manage and operate your business in the U.S.

The EB-5 visa application process:

1. Choose Investment Path: Decide between making a direct investment or investing through a Regional Center.
2. Prepare and Submit Form I-526: File Form I-526, Immigrant Petition by Alien Investor, with U.S. Citizenship and Immigration Services (USCIS). Include evidence of your investment, job creation plans, and the source of funds.
3. Receive Approval and Apply for Immigrant Visa: After the I-526 petition is approved, file Form DS-260 for an immigrant visa or Form I-485 to adjust status if already in the U.S.
4. Attend Consular Interview: If applying from outside the U.S., attend an interview at the U.S. Embassy or Consulate.
5. Receive Conditional Green Card: Once approved, you will receive a conditional green card valid for a 2 year period.
6. File Form I-829: To remove conditions and obtain permanent residency, file an I-829 petition within the 90 days before your two-year anniversary.

The L-1 visa application process:

1. Verify Company Relationship: Ensure that the U.S. and foreign companies have a qualifying relationship.
2. Prepare and Submit Form I-129: File Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Include details about the employee’s role and qualifications.
3. Receive Approval Notice: USCIS will issue an approval notice (Form I-797) if the petition is approved.
4. Apply for a Visa: If you are outside the U.S., apply for an L-1 visa by submitting Form DS-160 and attending a visa interview at a U.S. Embassy or Consulate.
5. Enter the U.S.: With the L-1 visa, you can enter the U.S. and begin working in the designated position.

Each visa type has its specific requirements and process, so it’s essential to follow the detailed guidelines for each visa category and consult with legal professionals if needed.

How long does it take to get an investment visa?

The processing time for investment visas can vary based on the type of visa and individual circumstances. Here’s a general overview for each type:

EB-5 Visa

The EB-5 visa process typically takes 18 to 24 months. This timeline includes the processing of Form I-526, which can take about 12 to 18 months, and an additional 6 to 12 months for consular processing or adjustment of status. If approved, foreign investors receive a conditional green card valid for two years.

E-1 and E-2 Visas

The processing time for E-1 and E-2 visas generally ranges from 2 to 4 months. This period includes the time needed for Form DS-160 processing and scheduling an interview at the U.S. Embassy or Consulate. The timeline can be shorter or longer depending on the specific U.S. consulate's workload and the completeness of the application.

L-1 Visa

The L-1 visa processing time is usually around 1 to 3 months for premium processing or 6 to 12 months under regular processing. This includes processing Form I-129 and, if applicable, the time required for consular processing or adjustment of status.

These estimates are subject to change and can be affected by various factors such as application completeness, the current workload at USCIS, and any additional requests for evidence or documentation.

Start Your Investment Visa Journey Today

Understanding the complexities of investment visas is crucial for those looking to establish or expand a business in the U.S. Navigating the visa application process requires careful planning and attention to detail to ensure success. With the right legal support, you can confidently pursue your business goals in the U.S.

Ready to start your journey with an investment visa? Contact an experienced immigration lawyer today to explore your options and receive the guidance you need to secure your visa and achieve your business objectives.