Investor visa immigration law

Guiding you through investor visas

investors in columbus after obtaining eb 5 visa

We can help you and obtain an investor visa and immigrate to the U.S.

Are you taking the next big step in your life and making your money work for you as an investor or a trader in the United States? If yes, you may want to look into immigraiton options that will allow you to come here to use your business acumen and maximize your financial assets. Applying for a visa option that gives you this flexibility can be challenging as it generally involves a lot of documentation and evidence to support your application. We understand these challenges and can help guide you through the process.

Most common options for Investor visas

E-1 and E-2 visa:

Nonimmigrant traders or investors may qualify for E-1 or E-2 visas if their country of nationality has a qualifying treaty with the United States. The list of qualifying treaty countries can be found on the U.S. Department’s website, which currently can be accessed here. You may start the application process by applying directly to the U.S. Embassy or consulate or, if you are in the United States already and are eligible to apply, you may petition with the U.S. Citizenship & Immigration Services. Once granted, the status is valid for two years at a time and may be extended indefinitely, as long as the investor continues to qualify for his/her visa category.
immigrants leaving their home country for us

EB-5 investor visa:

Immigrant visa applicants who wish to reside permanently in the United States must first petition to the U.S. Citizenship & Immigration Services to qualify as an investor, which involves demonstrating an ability to manage a business, making a substantial monetary commitment as well as being able to create full-time employment for at least ten U.S. workers. Once the petition is approved, the investor may continue with the visa process when a visa number becomes available. Upon obtaining permanent resident status, the investor must petition to the U.S. Citizenship and Immigration Services in two years to remove the conditions placed on his/her status in order to remain a U.S. permanent resident.

International Entrepreneur Parole:

This visa program first went into effect in 2017 and was immediately subject to much controversy and litigation, and in 2021 it came back into being under President Biden’s administration. Under this program, an investor who wants to work for his/her own start-up business may qualify for International Entrepreneur Parole, which is granted on a discretionary, case-by-case basis. The investor must prove he or she possesses a substantial ownership interest in the business within the most recent five year period in the United States, that the business has substantial potential for rapid growth and job creation, that the investor assumes a central and active role in the growth of the business, and that the investor will provide a significant public benefit to the United States while assuming his/her role in the business.

Most common options for investor visas

E-1 and E-2 visa:

Anyone who wants to invest or trade in the U.S. can apply for the E-1 and E-2 employment based visas. E-1 visas are available for those persons who are involved in the exchange, purchase or sale of goods/services/merchandise. Whereas, E-2 visas are available for owners and investors in businesses in the U.S. It is a temporary U.S. work visa and is granted for substantial investments in the U.S.

EB-5 investor visa:

There is a limited number of green cards that the U.S. Citizenship and Immigration Services grants to individuals who want to invest in the U.S. Only 10,000 green cards are granted to investors every year, therefore it is incredibly important to make your application very strong. The Employment fifth preference or EB-5 (Investor Visa) allows individuals to obtain permanent residency in the U.S. and invest in a U.S. business. The minimum investment requirement is between $500,000 and $1 million.

Common problems in an investor visa application

Potential problems during investor visas

How your application could get denied

How your application could get denied

There are many reasons why your investor visa application could get denied. The most common are as follows:

You don’t meet the eligibility requirements

Above we noted the criteria that are required for the E1, E2, EB5 visas and IEP Program. If you do not meet these criteria, you will likely get denied.

Incomplete or incorrect documentation

An investor visa requires more documentation and proof of investment than a typical visa. Financial records are typically required to prove you have the funds available to make such an investment within the U.S.

Illegal source of funds or improper documentation

Investors must show that their funds come from a lawful source and provide sufficient documentation to properly trace the source of these funds.

Schedule an appointment with Jane today

for an in-person consultation at our Dublin office or online

Applying for an Investor Visa is never easy and the process can be long and complicated. By hiring an immigration lawyer with experience in Investor Visas, you gain an immediate advantage of someone who will be able to explain your options to you, help you with your application, and protect your interests through the entire investor visa immigration process. Meanwhile, you will be able to stay focused on your investments, continue analyzing deals, and prepare yourself for your next chapter of investing inside the U.S.

Get a one-on-one consultation with Jane so she can identify your needs on how we can help you.

Contact our team today to book an appointment.

See our Frequently Asked Questions below for commonly asked questions about Investor Visa immigration

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Frequently asked questions about investor visas

Treaty traders and investors are afforded the flexibility of working for themselves for two years at a time in the United States and being able to extend their status indefinitely, provided they continue to qualify for the treaty trader or investor visa status. A disadvantage is this visa is only available to foreign nationals of countries that have a qualifying treaty with the U.S.
EB-5 visa is a path to permanent residency in the United States. Foreign nationals who have the financial means and business resources to make the qualifying investments, generate revenues and create jobs for U.S. workers may eventually receive a green card to live and work permanently in the United States. However, some distinct disadvantages include the significant financial commitment, the job creation requirement (especially for smaller companies) and potentially long visa wait times if the visa numbers are backlogged, or long visa application processing times.
IEP came about at the tail end of the Obama administration and was designed to give foreign nationals more flexibility to come or remain in the United States to invest in a start-up business while also benefiting the U.S. economy. Foreign nationals who may not otherwise qualify for E-1/E-2/EB-5 visas may have a real chance at being eligible for the IEP. One immediate disadvantage (as of the time that this FAQ is written) is the program is brand new, not much is known about it, and more has yet to be seen as to how applications will be adjudicated.

The advantages of an E-1 Visa include being able to travel freely in and out of the U.S., staying the U.S. for two years and being able to bring your family members and spouse to the U.S. However, the limitations of an E-1 Visa include being restricted to work for the same employer. Moreover, this visa is only available to foreign nationals of countries that have trade treaties with the U.S.

E-2 Visas are very similar to E-1’s but by it’s nature, E-2 visas are specifically for temporary work and do not create a path toward permanent residency. You would have to re-apply for an E-2 visa every two years.

Additionally, setting up new businesses can cause challenges, both solving business problems as well as potential immigration issues. Typically, E2’s are only for existing businesses and there are other requirements specifically for new businesses like irrevocably committing a percentage of investment funds towards equipment, inventory, commercial property/lease, employees, and more.

EB-5 visas are one of the fastest visas you can obtain. They are often preliminarily approved within 60 days and processed completely within 6 months. You are required to schedule an interview before officially being allowed to immigrate. The other advantage is after the two year period, the EB-5 can lead to a green card by filing the correct paperwork.