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Investor Immigration
Investor Immigration

Investor Immigration

I am an experienced investor visa attorney who helps foreign nationals obtain a US green card by investment. I combine my business law and immigration law experience to represent you throughout the entire investment immigration USA process, including initial investment planning, transaction structuring, contract drafting, and your investor visa application. I listen to your short and long-term goals to advise you on the best investor visa for your specific needs. I design and execute your personalized entrepreneur visa USA strategy. My investor visa USA services, include:

EB-5 Investor Visa

EB-5 Investor Visa

The EB-5 investor green card is a great option for individuals with significant financial resources. An EB-5 investor visa may be the fastest way for you to obtain permanent residence in the US, if you do not have a US employer or family member who can sponsor you for a US green card or visa. I have the experience to help you successfully navigate the EB-5 investor visa USA program.

Requirements for EB-5 Investment Immigration USA

To qualify for an EB-5 green card by investment, you must invest at least $500,000 or $1,000,000, depending on the geographic area, into a US enterprise that will employ 10 full-time US workers. You may also invest in specifically designated investment projects, known as Regional Centers, which will indirectly create employment for 10 US workers. As an EB-5 investor you do not have to be involved in the day-to-day operation of the business, but you are not allowed to be an entirely passive investor. The funds you invest must be at risk. It is critical that you be able to demonstrate a lawful source of your investment funds.

Regional Center Investment This family-based immigration category applies to unmarried sons and daughters of US citizens who are over the age of 21. Currently, there is a 7 year waiting period for this family-based immigration USA category.

Direct Investment

Alternatively, you may choose to invest in your own commercial enterprise. If you are an entrepreneur with a specific business idea, this may be the best entrepreneur visa USA option for you. You may invest in any enterprise to qualify for an EB-5 US green card by investment as long as the commercial enterprise creates 10 jobs for US workers. If you choose the Direct Investment route, I have the experience to effectively represent you through the entire entrepreneur visa USA process, including your company formation, investment related transactions, and your EB-5 investor visa application.

Successful EB-5 investors initially receive conditional permanent residence for 2 years. After 2 years, you must petition USCIS to obtain a permanent green card. To qualify you will have to demonstrate that your investment created the 10 US jobs as required and that the invested funds remained committed and at risk throughout the entire process. I represent and guide you through the entire process, including your conditional green card application and the removal of conditions.

Your family members, including your spouse and children under 21, can petition together with you and obtain an EB-5 investor green card.

E-2 - Entrepreneur Visa USA

E-2 - Entrepreneur Visa USA

The E-2 visa is a great option if you lack the funds for an EB-5 investment but would still like to invest in a US enterprise and obtain a visa. It may be the best option for you if you are an entrepreneur with a business idea you would like to develop in the US.

The E-2 visa is a nonimmigrant visa, meaning it does not lead to permanent residence. If processed at a US consulate, the visa can be valid for up to 5 years. After expiration of the visa, you will have to renew it to continue to be able to work and reside in the US. However, the E-2 visa can be renewed indefinitely, which makes it one of the best entrepreneur visa USA options.

As your investment immigration USA attorney, I represent you throughout the entire E-2 visa process, from the initial investment transactions to your E-2 visa application.

Requirements for an E-2 Investor Visa USA

The EB-1-A category is one of the fastest ways of obtaining a green card because you do not need a job offer from a US employer and do not have to go through the lengthy PERM Labor Certification process. In order to qualify for an EB-1A green card, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

To qualify for an E-2 visa you must meet the following requirements:

  • You must be a treaty country national – The E-2 treaty investor visa is only available to you if the US and your home country have a requisite treaty in place. For a list of treaty countries, please click here.
  • Your investment must be substantial – There is no preset investment amount that US immigration authorities consider substantial. Generally, an investment between $100,000 and $150,000 should qualify. However, I have seen investments as low as $46,000 be successful in professional service industries that have lower startup costs. The required investment amount should be proportional to the regular startup expenses for the type of business you are starting. For example, the required amount for a manufacturing facility will be significantly more than a consulting business. Please note, investing funds obtained through a personally guaranteed loan could qualify for an E-2 visa.
  • Your business cannot be marginal – This means that your business cannot solely provide a living for you and your family. You have to demonstrate that your business will grow sufficiently to require the hiring of US employees in the near future.
  • You must actively be in the process of investing or have already invested the funds – All funds you are investing must be at risk of loss and irrevocably committed. You must also be close to commencing business operations. Your business does not need to be operating, but you need to be ready to start operating the moment your E-2 visa is approved.
  • You must be able to show the lawful source of investment funds.
  • Your skills and experience must allow you to direct and develop your US business.
  • You must express an intent to return to your home country after expiration of your visa. Although you cannot intend to remain in the US permanently, the E-2 visa can be extended indefinitely as long as you meet all qualifications.
The E-2 entrepreneur visa USA process can be broken down into two phases. First, investment planning, structuring, and all investment related transactions. Second, investment documentation and visa application. As your investment immigration USA attorney, I use my extensive business law and immigration law experience to advise you throughout the entire E-2 process. Below I highlight the main steps for most E-2 entrepreneur visa USA cases:

  • Identify and evaluate investment for E-2 purposes
  • Plan and structure investment strategy
  • Form US company
  • Finalize all company formation related transactions, including opening US bank accounts and obtaining US office space or other business premises
  • Negotiate and close investment transactions, including drafting and reviewing relevant contracts and agreements
  • Review and assemble all investment documents to demonstrate E-2 visa eligibility
  • Prepare and file E-2 visa application with the appropriate U.S consulate, embassy, or USCIS
  • Your family members, including spouse and children under 21, can acquire an E-2 dependent visa. Please note that your spouse can obtain work authorization but your children will not be able to work in the US.

L-1 Investor Visa USA

L-1 Investor Visa USA

Although the L-1 visa is generally used for intracompany transfers of employees, it is also a viable option for investors from non-treaty countries who cannot qualify for an E-2 visa or an EB-5 green card. If you are the owner of a foreign company which does not have a US subsidiary or other affiliated office, you can transfer a manager or executive of your company, including yourself, to the United States to establish a new US office. This makes the L-1 visa a great entrepreneur visa USA option.

The L-1 visa is a nonimmigrant visa, meaning it is issued for a limited duration. If you are entering the US on an L-1A visa to establish a new office, you will be granted a maximum initial stay of 1 year. You may extend your stay by 2 years, and may continue to do so until you reach your maximum time of 7 years in L-1A status. Unlike the E-2 visa, an L-1 visa is a dual intent visa which allows you to apply for a green card in the US through the adjustment of status process. For example, an L-1A manager or executive may qualify for an EB-1-C Multinational Manager green card.

I rely on my cross-border transaction, foreign direct investment, and international subsidiary formation experience to provide legal advice and guidance through the entire L-1A investment immigration USA process.

Requirements for an E-2 Investor Visa USA

To qualify for an L-1A new office investor visa there are several requirements for both you and the company:

  • There must be a qualifying relationship between the US and foreign entity. The US company must be a subsidiary, branch, or other affiliate of the foreign company.
  • The company must be doing business in both the US and a foreign country for at least the duration of your L-1 visa. Doing business is defined as the “regular, systematic, and continuous provision of goods and/or services.” The presence of an agent or an office alone will not constitute doing business and will not meet the requirement.
  • You must be entering the US to work in an executive, managerial, or specialized knowledge capacity.
  • You must have worked in a managerial or executive capacity for the foreign entity for 1 continuous year within the last 3 years immediately preceding your admission to the US in L-1A status.
  • The company must have secured sufficient physical premises for its new office
  • The US office will have to grow to size sufficient to support an executive or managerial position within one year of the approval of the L-1A petition.

First, your company must establish a new US affiliate office and make all necessary investments to commence doing business in the US. I have the necessary foreign direct investment experience to help you plan and structure your company’s US expansion. Once your new US office is established, your company files a Form I-129, Petition for a Nonimmigrant Worker, on your behalf with USCIS. Once approved, your case is transferred to a US consulate or embassy where you can apply for your L-1A investment immigration USA visa.

  • Your family members, including spouse and children under 21, can acquire an L-2 dependent visa. Please note that your spouse can obtain work authorization but your children will not be able to work in the US.

EB-5 Regional Center Project and Developer Representation

I combine my immigration and business law experience to advise real estate developers in obtaining USCIS Regional Center designations. I conduct extensive planning and due diligence to ensure the right project structure for your business and industry needs. I represent you throughout the lifecycle of your development project. This includes representation in all corporate transactions and USCIS compliance and applications, including preparation and filing of Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program. If your project experiences any problems or delays, I advise on restructuring and recapitalization, and devise strategic solutions to maintain your USCIS Regional Center designation.

Second Citizenship and Residence By Investment

In addition to my investment immigration USA services, I also work with foreign legal counsel and global mobility professionals to help you obtain a second citizenship or residence in many international countries through investment. Although the US does not formally recognize dual citizenship, it also does not make you forfeit your US citizenship if you take up residence or citizenship in another country. Numerous US citizens hold dual citizenship.

Many countries worldwide have established citizenship and residence by investment programs, similar to the US EB-5 investment immigration USA program. For example, in Europe, countries like Cyprus and Malta offer citizenship for qualifying investors, while Greece, Portugal, and Bulgaria provide valuable European Union (EU) residence if you meet specific investment criteria. If you do not want to venture as far as Europe, several Caribbean nations close to the US, including Grenada, St. Lucia, and St. Kitts and Nevis also provide citizenship by investment programs. I help you analyze the various programs based on your short and long-term goals, and assist you in determining the best program for your and your family’s specific needs. I use my extensive global contacts to help make your second citizenship or residence dreams a reality.

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