Investment Visas in the United States

The United States offers several investment visas that allow foreign nationals to live and work in the U.S. based on their financial investment in a U.S. business. These visas can be a pathway to permanent residency (Green Card) and offer significant benefits for entrepreneurs and investors looking to expand their business or start a new one in the U.S. The two most prominent investment visas are the E-2 Treaty Investor visa and the EB-5 Immigrant Investor Program.

E-2 Treaty Investor Visa

The E-2 visa is a non-immigrant visa available to nationals of countries that have a treaty of commerce and navigation with the United States. To qualify, the applicant must invest a “substantial amount of capital” in a bona fide U.S. enterprise. This investment must be active, meaning the investor is actively involved in the management of the business. The amount of capital required isn’t fixed but should be significant enough to ensure the success of the business and to demonstrate the investor’s commitment. Factors considered include the cost of the enterprise, the nature of the business, and the investor’s personal assets. The investment must also be “at risk,” meaning it’s subject to potential loss if the business fails.

The E-2 visa is granted for a period of up to five years and can be extended indefinitely as long as the business continues to operate and meet the requirements. E-2 visa holders can bring their spouse and unmarried children under 21 to the U.S. The spouse can apply for work authorization, and children can attend school. However, the E-2 visa does not directly lead to a Green Card. Individuals seeking permanent residency must find another pathway, such as through an EB-5 visa or employment-based sponsorship.

EB-5 Immigrant Investor Program

The EB-5 visa is an immigrant visa, meaning it can lead to a Green Card and eventual U.S. citizenship. This program requires a significantly larger investment than the E-2 visa. Under the current regulations, the standard investment amount is $1,050,000. However, if the investment is made in a Targeted Employment Area (TEA) – a high-unemployment or rural area – the minimum investment is reduced to $800,000. The investment must create at least ten full-time jobs for U.S. workers.

The EB-5 program offers two main avenues for investment: direct investment in a new commercial enterprise and investment through a Regional Center. Regional Centers are USCIS-approved entities that pool EB-5 investments to fund large-scale projects. Investing through a Regional Center can simplify the job creation requirement, as the center can use indirect and induced job creation to meet the ten-job threshold.

The EB-5 process is complex and involves several stages, including filing an I-526 petition, demonstrating the lawful source of funds, and undergoing a background check. Once the I-526 is approved, the investor can apply for conditional permanent residency. After two years of maintaining the investment and demonstrating job creation, the investor can file an I-829 petition to remove the conditions and obtain a permanent Green Card.

Choosing the Right Visa

The choice between the E-2 and EB-5 visa depends on several factors, including investment capital, immigration goals, and risk tolerance. The E-2 is generally faster and less expensive but does not offer a direct path to permanent residency. The EB-5 requires a larger investment but provides the opportunity for a Green Card and U.S. citizenship. Consulting with an experienced immigration attorney is crucial to determine the best option and navigate the complex requirements of these investment visas.