I am an experienced investor visa USA attorney who helps foreign nationals obtain a US green card by investment or an investment-based visa. I combine my business law and investor 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 immigration solution for your specific needs. I design and execute your personalized entrepreneur visa USA strategy. My investor visa USA services, include:
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The EB-5 investor visa is a great option for individuals with significant financial resources to obtain a green card through investment. The EB-5 investor visa USA option 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. The EB-5 visa program is also a great entrepreneur visa USA option for entrepreneurs whose startup business requires substantial capital investment. I have the experience and know-how to help you successfully navigate the EB-5 visa USA program.
To qualify for an EB-5 green card by investment, you must invest at least $900,000 or $1,800,000, depending on the geographic area, into a US enterprise that will employ 10 full-time US workers. The EB-5 visa rules allow you to invest in specifically designated investment projects, known as Regional Centers, which will indirectly create employment for 10 US workers. As an EB-5 visa USA applicant, 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. The EB-5 investor visa regulations require that you be able to demonstrate the lawful source of your invested funds.
The EB-5 investor visa rules allow you to invest in a government pre-approved Regional Center that will either directly or indirectly create the required 10 US jobs. Almost all Regional Centers are located in geographic areas that qualify for the lower $900,000 investment amount.
The Regional Center investment is a great US investor green card option for EB-5 visa applicants who prefer a more hands-off approach in the management of their investment. A qualified Regional Center should provide the EB-5 investor visa applicant with a detailed project plan, including an explanation of how the Regional Center’s project will create the requisite 10 US jobs.
As your EB-5 visa USA attorney, I review the Regional Center’s project plan and work directly with the Regional Center throughout the processing of your case to ensure compliance with investor immigration rules.
To obtain a green card through investment, 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 EB-5 visa route, I have the experience to effectively represent you throughout your entire entrepreneur visa USA process, including company formation, investment related business transactions, and your EB-5 US investor green card application.
Each investment immigration USA solution may not be the best option for every candidate. The EB-5 investor visa may be a great choice for your case in the following circumstances:
If you are a foreign professional working in a career unrelated to your US investment and would like to further your career in the United States, then the EB-5 Regional Center investment solution may be a great option for you.
The EB-5 investor visa program allows you to continue to advance your career abroad while you wait for the approval of your US investor green card. Once you receive your green card through investment, you can move to the United States and work for any US employer. If you think moving to the United States will allow you to advance your career, then you should consider the EB-5 investment immigration USA solution.
If you have school aged children who are considering attending high school, college, or university in the United States, then you should consider the EB-5 investor visa program. The EB-5 visa program allows children under the age of 21 to apply for a US investor green card together with the main applicant parent. The following are some of the advantages of the EB-5 investor visa USA program for school-aged children:
If you are starting a business in the United States which requires significant capital investment, the EB-5 investor visa may be a great option for you. The EB-5 Direct Investment solution is a great entrepreneur visa USA option because it allows you and your family to reside in the United States indefinitely while you are growing your US business.
If your initial investment was below the required amount for an EB-5 visa, you may still qualify for a US green card by investment at a later date. If you continue to invest in your US business and your total investment over the years surpasses the amount required by the EB-5 investor visa USA regulations, then you may qualify for a US investor green card. In fact, if you are currently in the United States on an E-2 or L-1 investor visa and you have invested above the required amount, you may petition for an EB-5 green card through investment. The EB-5 program is a great entrepreneur visa USA option for those entrepreneurs who wish to live in the United States indefinitely.
If you wish to reside in the United States indefinitely without having to renew or apply for a US visa, then the EB-5 visa USA program may be a good choice for you.
The EB-5 investor visa USA regulations do not require that the investor actively manage the US enterprise in which he or she has invested. In fact, once you receive your green card through investment you may choose not to work at all.
For those who wish to become US citizens, there is no better investment immigration USA solution than the EB-5 investor visa. Because the EB-5 investor visa program leads to a US investor green card, it grants the approved applicant permanent residence in the United States. After 5 years of being a permanent resident of the United States you can apply to become a naturalized US citizen.
The E-2 investor visa is a great investment immigration USA solution for individuals with some financial capital who wish to move to the United States. The E-2 business investment visa USA program is a great alternative to the EB-5 US investor green card because the E-2 investor visa regulations do not have a minimum investment amount. If you would like to move to the United States through investment but wish to invest less than the amounts required for an EB-5 visa, you may wish to consider the E-2 investor visa USA program. The E-2 visa is also a great entrepreneur visa USA solution for those with a business idea they would like to develop in the United States.
The E-2 investor visa is a nonimmigrant visa, meaning it does not lead to permanent residence in the United States. If processed at a US consulate or embassy, an E-2 investor 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 United States. The good news is that the E-2 investment-based visa USA regulations allow an E-2 investor visa to be renewed indefinitely.
This means that as long as you and your business continue to comply with the E-2 investment-based visa USA regulations, you may continue to renew your E-2 investor visa and reside in the United States. If at any point after obtaining an E-2 visa you move away from the United States, the E-2 visa’s nonimmigrant nature will allow you obtain a visitor visa without the additional hurdles imposed on permanent residents, such as EB-5 US investor green card holders. The flexibility of being able to renew your E-2 visa indefinitely combined with the lack of additional hurdles if you decide to move away from the United States, make the E-2 visa one of the best entrepreneur visa USA options.
As your E-2 investment immigration USA attorney, I represent you throughout the entire E-2 visa process, from the initial investment transactions through your E-2 entrepreneur visa USA application.
To qualify for an E-2 visa, you must meet all requirements of the E-2 investor visa USA program. You can find a summary of the E-2 investor immigration requirements below:
The E-2 investor visa applicant must be a treaty country national. Because the E-2 investor visa USA program is based on the existence of a treaty of friendship, commerce, and navigation between the United States and the applicant’s country of citizenship, the E-2 investor visa is only available to you if the US and your home country have the requisite treaty in place.
The E-2 entrepreneur visa USA regulations require that your investment be substantial in proportion to the cost of the business you are starting in the United States. Unlike the EB-5 US investor green card program, the E-2 investor immigration rules do not provide a preset minimum investment amount.
Whether US immigration authorities will consider your investment substantial will depend on the likelihood that your investment will allow you to successfully develop and direct your US business. Generally, US immigration authorities consider investments above $100,000 as substantial. This is a general guideline and should not be interpreted as a hard floor. I have successfully represented E-2 applicants who were approved with investments below $50,000. In all of these cases, the business had lower startup costs, as is the case often in professional service industries.
The E-2 investment immigration USA regulations require that the investment amount be proportional to the regular startup expenses for the type of business you are starting. For example, the investment amount for a manufacturing facility will be significantly higher than a consulting business with minimal startup expenses. Gifted funds and certain loans may be used in an investment to qualify for an E-2 investor visa. The lack of a fixed minimum investment amount make the E-2 visa an attractive entrepreneur visa USA option.
The E-2 business investment visa USA regulations mandate that your business may not be marginal. This means that your business cannot solely provide a living for you and your family. The E-2 investor visa USA rules require that you demonstrate that your business will grow sufficiently to require the hiring of US employees in the near future.
To qualify for the E-2 entrepreneur visa USA program, you must actively be in the process of investing or have already invested the funds to start your US business. The E-2 investment immigration USA rules require that all funds you are investing be irrevocably committed. Moreover, the invested funds must be at risk of loss.
To be approved for an E-2 investor visa, you must also be close to commencing business operations. Your business does not need to be operating at the time of application. However, you need to be ready to start operating once your E-2 investor visa is approved.
To qualify for the E-2 investor visa USA program, you must be able to show the lawful source of investment funds. In some cases, due to local business practices in certain countries, it may not be easy to trace the source of funds even when such funds were lawfully earned. Through my extensive experience working with investors from around the world, I have developed innovative strategies relying on unconventional evidence to document the source of funds in even the most difficult cases.
The E-2 investment immigration USA regulations require that the investor be coming to the United States to develop and direct the US business. Although I have represented E-2 applicants with no business experience, it is helpful to demonstrate how your skills and experience will allow you to successfully direct and develop your US business.
The E-2 investor visa USA program requires that the E-2 investor applicant own at least 50% of the US business.
The E-2 investor immigration rules require that you express an intent to depart the United States after expiration of your E-2 investor visa. Although you cannot intend to remain in the United States permanently, the rules allow you to extend your E-2 visa indefinitely as long as you continue meet all requirements.
Your family members, including your spouse and children under 21, can also take advantage of the E-2 entrepreneur visa USA process. The EB-2 investor immigration regulations allow spouses and children under the age of 21 to apply together with the main applicant and obtain an E-2 dependent visa. While your spouse may obtain work authorization to work anywhere in the United States, your children will not be able to work in the United States while on an E-2 dependent visa
If you would like to move to the United States through an investor immigration program but do not want to invest the significant capital required by the EB-5 US investor green card program, the E-2 investor visa USA may be a great option for you. Because the E-2 entrepreneur visa USA program does not have a required minimum investment amount, you could move to the United States even if your business does not have high startup expenses.
If you want to own a business in the United States or if you want expand your foreign company in the United States, then the E-2 business investment visa USA program may be the right solution for you. The E-2 investor visa is a great entrepreneur visa USA option because it allows your family members to accompany you to the United States. While you are growing your US company, your children can attend school and your spouse can work for a US employer anywhere in the United States.
Because the E-2 investor visa is a nonimmigrant visa, it provides tremendous flexibility regarding the length of your stay in the United States. Often, foreign entrepreneurs know they want to move to the United States to start and grow their business. However, they are unsure whether they want to remain in the United States after their business is fully operational. The E-2 entrepreneur visa USA program is the perfect solution for such a scenario.
Because the E-2 investor visa can be extended indefinitely, the investor can remain in the United States until necessary. If the E-2 investor wishes to depart the United States at any point, he or she can do so without any additional legal hurdles faced by permanent residents. This flexibility of being able to remain in the United States for an extended period of time combined with the ability to depart whenever necessary, make the E-2 investor visa USA program a top entrepreneur visa USA option.
The E-2 investor visa USA program is a great solution for your business if you have foreign employees you would like to relocate to your US operation. Once your US company is registered as an E-2 business with the US consulate or embassy in your home country, you will be able to sponsor your foreign employees, both managers and those with essential skills, for an E-2 employee visa.
Given the E-2 investor visa’s quick processing times and the flexibility in the applicant’s length of stay, this is a great solution for business owners who want to relocate staff with proprietary knowledge, unique skills, or managerial experience to their US business. This is one another reason why the E-2 investor visa is a great entrepreneur visa USA option.
While the L-1 investor visa is generally used for intracompany transfers of employees, it is also a great investor visa USA option for investors from non-treaty countries who cannot qualify for an E-2 investor visa or whose investment is below the EB-5 US investor green card minimum investment amount. If you are the owner of a foreign company and wish to establish a US subsidiary or other affiliated office, the L-1A investor immigration program allows you to transfer a manager or executive of your foreign company, including yourself, to the United States to establish a new US office. This makes the L-1 business investment visa USA program a great entrepreneur visa USA option.
The L-1 investor visa is a nonimmigrant visa, meaning it is issued for a limited duration. If you are entering the United States on an L-1A investor visa to establish a new office, you will be granted a maximum initial stay of 1 year. The L-1 investor visa USA program rules allow you to extend your stay by 2 years, and you may continue to do so until you reach your maximum time of 7 years in L-1A status. Unlike the E-2 investor visa, an L-1 investor visa is a dual intent visa which makes it easier to apply for a US green card if you decide to live in the United States indefinitely. Because the L-1 investor visa USA program requires the applicant to maintain business operations both in the United States and abroad, L-1A managers or executives may qualify for an EB-1-C Multinational Manager green card, a great alternative to the EB-5 US investor green card.
The dual intent nature of the L-1 investor visa provides you with the flexibility to decide the length of your stay in the United States. If you would like to reside in the United States permanently, the L-1A investor visa USA program allows you to petition for an EB-1-C Multinational Manager green card or an EB-5 US investor green card. However, if you decide to depart the United States, the nonimmigrant and dual intent nature of the L-1A investor visa will help you receive a visitor visa without the additional requirements faced by permanent residents, such as EB-5 US investor green card holders. The flexibility of being able to move to the United States before committing to becoming a permanent resident, make the L-1 investor visa one of the best entrepreneur visa USA options.
The L-1 investment immigration USA program functions as a great alternative to the E-2 investor visa for individuals from non-treaty countries. Unlike the E-2 investor visa which is only available to citizens of certain countries, the L-1 investment-based visa USA program is available to nationals of all countries worldwide. If you are a citizen of a non-treaty country and your planned total investment is below that required by the EB-5 investor visa USA rules, the L-1 investor visa may be the best entrepreneur visa USA solution for you.
I rely on my cross-border transaction, foreign direct investment, and international subsidiary formation experience to provide legal advice and guidance throughout the entire L-1A investment immigration USA process.
To qualify for an L-1 investor visa, you must meet all requirements of the new office L-1 investor visa USA program. Below you can find a summary of the new office L-1 investor immigration requirements:
The L-1 investor visa USA rules mandate that there be a qualifying relationship between the US company and the foreign entity. To be eligible for the L-1 investor visa USA program, you must show that your US company is a subsidiary, branch, or other affiliate of your foreign company.
The L-1 entrepreneur visa USA regulations require that your company be doing business in both the United States and a foreign country for at least the duration of your L-1 investor visa stay. The rules define “doing business” 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 this L-1 investor immigration requirement.
The L-1 investment immigration USA program requires that you be entering the United States to work in an executive or managerial capacity. This is different from the EB-5 investor visa USA program which allows you to obtain a US investor green card without having to actively manage your US business. While an L-1 investor may hire managers to supervise the day-to-day operations of the US business, the investor cannot take a completely hands-off role without violating the L-1 entrepreneur visa USA rules.
The L-1 business investment visa USA rules require that you 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 United States in L-1A status.
To be eligible for the L-1 investor visa USA program, your US company must have secured sufficient physical premises for its new office in the United States.
The L-1 investor visa USA rules require that you demonstrate that your new US operation will grow to a size sufficient to support an executive or managerial position within one year of approval of your L-1 investor visa petition. Because most new ventures cannot show significant revenue and do not hire numerous employees in their first year of operation, it is critical to demonstrate the projected growth of your US company. Through my years of experience working with foreign investors, I have devised various strategies on how to document a newly formed US enterprise’s need for a managerial or executive level employee within one year of commencing operation.
The L-1 investor visa USA process can be broken down into three phases. First, you must establish a new US affiliate office and make all necessary investments to commence doing business in the United States. Second, you document your investment and prepare your L-1 investor visa petition for filing with USCIS. Third, once your L-1 investor immigration petition is approved by USCIS, your case is transferred to a US consulate or embassy where you can apply for your L-1 investment immigration USA visa.
As your entrepreneur visa USA attorney, I use my extensive business law and investor immigration experience to represent you throughout the entire L-1 investor visa USA process. I have the necessary foreign direct investment experience to help you plan and structure your company’s US expansion and the investor immigration background to prepare your L-1 investor immigration application. A summary of the L-1 investment-based visa USA process is provided below:
Your family members, including your spouse and children under 21, can also take advantage of the L-1 investor visa USA process. The L-1 entrepreneur visa USA rules allow your spouse and children under the age of 21 to apply for an L-1 dependent visa together with your L-1 investor visa application. The L-1 investor immigration USA regulations permit your spouse to work anywhere in the United States. Your children may attend school on an L-1 dependent visa but may not work in the United States.
A particular investor immigration program is not always the best fit for everyone. To determine whether the L-1 investor visa USA program is a good option for your case, please find a summary of key considerations below:
If your new US business does not need a capital investment greater than that required by the EB-5 investor visa program, but you wish to relocate to the United States through investment, then the L-1 investment immigration USA program may be a good fit for you. The L-1 entrepreneur visa USA option does not require a minimum investment, allowing you to move to the United States regardless of the startup costs of your new US business.
The L-1 investor visa USA program is a great option if you wish to expand your foreign business to the United States but are not from a treaty country. Unlike the E-2 investor visa, the L-1 investment immigration USA program is available to citizens of all countries worldwide. The L-1 investor visa is a great entrepreneur visa USA solution because it allows your spouse and children under the age of 21 to accompany you to the United States to develop your business.
Because the L-1 investor visa is a dual intent nonimmigrant visa, it provides you with the most flexibility in deciding whether to apply to become a permanent resident in the United States. The L-1 investor visa USA program does not require you to intend to depart the United States at the conclusion of your stay in L-1 status. This means that if you would like to make the United States your permanent home, you can file for a US green card without the additional steps required for other nonimmigrant visa holders. In addition to the EB-5 visa USA program, L-1 investors often qualify for an EB-1-C Multinational Manager green card.
The L-1 investor visa USA option may be useful to your business if you would like to transfer individuals employed by your foreign affiliate entity to your US company. The L-1 entrepreneur visa USA rules permit a qualifying business to transfer foreign employees working in a managerial, executive, or specialized knowledge capacity to its US operations. The spouse and children under the age of 21 of your qualifying foreign employees would be eligible for L-1 dependent visas, making the L-1 an appealing investor immigration option.
Although not traditionally considered an investor visa USA program, the E-1 treaty trader visa is a great alternative to the traditional US investor immigration programs, if your foreign business engages in substantial trade with the United States. Unlike the EB-5 US investor green card or the E-2 investor visa USA program, the E-1 treaty trader visa does not have any investment requirement. Instead, the E-1 visa is granted to applicants who can demonstrate that they will engage in substantial international trade between the United States and their country of citizenship. This makes the E-1 treaty trader visa a great entrepreneur visa USA option for those who do not have capital to invest but work in an industry that involves significant international trade with the United States.
To qualify for an E-1 treaty trader visa you must meet the following requirements:
Similar to the E-2 investor visa USA, to be eligible for an E-1 visa you must be a citizen of a treaty country.
The E-1 treaty trader rules require that the applicant be engaged in the substantial trade of goods or services. Similarly to the E-2 investor visa USA, the term “substantial” is not specifically defined in the E-1 visa context. US immigration authorities consider both the monetary value and quantity of transactions to determine whether you are engaged in substantial trade. Generally, trade of over $100,000 for a period of at least one year is considered substantial.
The E-1 treaty visa rules require that 51% or more of the total trade of the US company occur with the treaty country. You need to be prepared to produce extensive documentation to establish that your business principally trades with the treaty country.
The E-1 visa rules define trade as the international exchange of qualifying goods or services. The rules broadly define what goods or services qualify. Manufactured products, equipment, and commodities have all been considered qualifying goods. Insurance, financial, banking, and transportation services have also qualified for an E-1 visa.
The E-1 visa is regularly recommended as an alternative to other investor visa USA programs because it does not formally require an investment from the applicant. This makes it a tremendous entrepreneur visa USA option for those companies already engaging in trade between their home country and the United States. The E-1 visa may also be a great investor immigration option for you if you see an opportunity to start a low-cost import-export or an international service business with the United States.
Similarly to the E-2 investor visa USA program, the E-1 treaty trader visa provides the flexibility to renew your visa indefinitely while also allowing you to depart the United States at any point. This makes the E-1 treaty trader visa one of the best alternative investment visa USA solutions.
I combine my immigration and business law experience to advise organizations in obtaining USCIS EB-5 investor visa Regional Center designations. Once a project is approved as a Regional Center, it may accept investments under the EB-5 investor visa USA program. Many foreign investors find Regional Centers to be an attractive option for their EB-5 investor visa investment because the Regional Centers can count both direct and indirect jobs towards the mandatory job creation requirement.
I conduct extensive planning and due diligence, working together with various professionals ranging from economists to securities lawyers, to help your organization comply with all USCIS regulations. I help your organization prepare and file Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, and guide you through the various nuanced requirements of the EB-5 investor visa USA program.
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. Many countries worldwide have established citizenship and residence by investment programs, similar to the EB-5 investor visa USA program.
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. Several Caribbean nations, including Grenada, St. Lucia, and St. Kitts and Nevis also provide citizenship by investment programs. Grenada’s citizenship by investment is an interesting option for individuals from non-treaty countries who wish to move to the United States through the E-2 entrepreneur visa USA program. Because Grenada is a treaty country, once you obtain Grenadian citizenship you may apply for the E-2 investor visa USA program.
Are you a US citizen considering obtaining a second citizenship 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.
As part of my citizenship through investment services, I help you analyze the various citizenship and residence investor immigration 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 dream a reality.
As the principal attorney at Pandev Law, I have helped hundreds of foreign individuals and companies successfully navigate their journey to the United States. Previously, I served as Trial Attorney at the U.S. Department of Justice. Now, I represent foreign investors, founders, and high-net-worth-individuals in business, immigration, and wealth planning matters. I am an early proponent of blockchain technology and serve as strategic advisor to blockchain startups and cryptocurrency investors. Selected to the Super Lawyers New York Rising Starslist 2019-2021. Follow me on Twitter, LinkedIn, or Instagram.
Aug 10 • 2022
Congratulations to our client residing in New York, NY whose Form I-90, Application to Replace Permanent Resident Card, was approved. […]
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