Investment-Based Immigration
INVESTOR VISAS E-1 / E-2
These classifications are designated for temporary workers engaged in international trade or investment between the U.S. and their countries of nationality, provided that the employer or owner of the business is a national of a country that has a commercial treaty (Treaty of Friendship, Commerce, or Navigation, Bilateral Investment Treaty, or Free Trade Agreement) with the U.S.
E-1 Treaty Trader Visa is available to a foreign national if the following applies:
- The individual is the nationality of a treaty country
- Carry on substantial trade
- Carry on principal trade (at least 50% of the company’s international trade) between
the United States and the treaty country - The person is the principal trader, a manager or executive, or an essential employee
E-2 Treaty Investor Visa is available to a foreign national if the following applies:
- 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; and - 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.
The spouse and unmarried children (under 21 years of age) of an E-1 or E-2 visa holder may accompany the principal applicant.
EB-5 (PERMANENT RESIDENCE VIA INVESTMENT)
An EB-5 visa allows foreign entrepreneurs and their immediate relatives (spouse and unmarried children under 21 years of age) to live in the United States in order to manage a business resulting from a large investment.
Recently, Congress passed the EB-5 Reform and Integrity Act of 2022, which reauthorizes the EB-5 Regional Center Program through September 30, 2027. Among other changes, this law increased the minimum investment amount for EB-5 projects to $1,050,000 (from $1,000,000). The minimum investment for targeted employment areas (TEAs) increased to $800,000 (from $500,000).
In addition to the minimum investment amount, direct EB-5 projects require the investor to invest in a business that will employ 10 full-time U.S. worker employees. Alternatively, regional center EB-5 projects allow for the employment creation to be indirect or induced jobs based on economic projects. “Regional Centers” are approved/designated by USCIS where foreign entrepreneurs may invest and obtain an EB-5 visa. The Regional Center will manage the investment on behalf of the foreign entrepreneur in order for the individual’s investment to comply with all of the EB-5 requirements.
The minimum investment is $1,050,000 for standard EB-5 investments; $800,000 for
investments in Targeted Employment Areas (TEAs); and $800,000 for minimum investment
for infrastructure projects.
Given the recent changes in law, policy, and pending litigation modifying the requirements for EB-5 investments, it is important to discuss your eligibility with an experienced immigration attorney. If you are interested in obtaining or learning more about the EB-5 visa, schedule a consultation with Lizette Sierra.
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