Investor Immigration
At Shestopalko Law we focus on helping individuals and families invest in the United States and simultaneously obtain residence in the United States and eventually legal permanent status (green card). This is generally done through the most common investor visa types of E-1 Visa, E-2 Investment Visa, and EB-5 Investor Visa. These require the combined expertise of an immigration lawyer with business/investment consultant which we offer at Shestopalko Law.
E-1 Treaty Trader Non-Immigrant Visa
The E-1 Visa allows individuals to enter and reside in the United States to carry out international trade. The definition of “trade” is not strict. “Trade” may apply to the trade of goods, of services, and even banking. There are no numerical limitations on the numbers of E-1 Non-immigrant Visas issued each year. However, the E-1 visa is available only to citizens of certain countries. E-1 visa also allows employees of the international trade enterprise to enter and reside in the United States and work in the international trade enterprise.
To qualify for an E-1 Treaty Trader visa the alien needs to demonstrate:
- That he or she is a national of a treaty country (this requirement does not apply to family members).
- That the trading enterprise has the nationality of an E-1 treaty trader country or is based in an E-1 treaty country
- That he or she intends to engage in “substantial trade” (“substantial trade” is not strictly defined) in the United States
- That at least 50% of the trade is between the United States and the treaty country*
*Trade could be in the form of physical movement of goods, transportation, or non-physical services, including banking, insurance, tourism, technology, or IT.
To qualify for an E-1 Treaty Trader visa the applicant and the applicant’s enterprise must have the nationality* of the following treaty countries:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, Taiwan, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey and United Kingdom.
*The regulations state that the applicant must be a national of one of these countries, but the applicant does not necessarily need to be currently living there. If you are unsure whether or not you qualify under this requirement, contact Shestopalko Law.
The volume of trade between United States and designated treaty country must:
- Be “sufficient” to provide employment for a number of people in the United States.
- Constitute the majority of the trader’s international trade.
The applicant’s firm generally should consistently and systematically carry out the qualifying trade for a minimum period of 12 months, regardless of the value of trading activities. This requirement may be satisfied by quantifying multiple small exchanges, fewer large exchanges, or a mix of both.
There is NO annual quota or cap on the number of E-1 visas issues each year.
The E-1 visa status is usually granted in two-year increments and can be extended indefinitely.
Benefits of E-1 visa are:
- A stay in the United States for up to two years
- The E-1 visa may be extended indefinitely
- E-1 holder’s Alien spouse and children under the age of 21 can reside in the United States
- E-1 visas holder and their families are permitted to travel in and out of the United States
- E-1 visa holder’s spouse is permitted to work in the United States after obtaining employment authorization.
- E-1 visa holder’s children are permitted to study in the United States.
E-1 visa holder’s employees may also come to the United States under an E-1 visa for the purposes of trade. For an E-1 visa employee to come to the United States, he or she has to:
- Be a citizen or national of the treaty nation
- Be in a managerial or supervisory role that requires specialist skills or knowledge.
E-2 Investor Non-Immigrant Visa
The E-2 Visa allows individuals to enter and reside in the United States for the purposes of investing (“substantial amount of capital”) to set up a business, practice, or office. The substantial amount of capital is not defined. It is the amount that would be substantial in proportion to the total cost of purchasing or establishing the enterprise in the United States. However, the E-2 visa is available only to citizens of certain countries. There are no numerical limitations on the numbers of E-2 Non-immigrant Visas issued each year. E-2 visa also allows employees of the enterprise to enter and reside in the United States and work in the enterprise in the United States.
To qualify for an E-2 Investor visa the alien needs to demonstrate:
- That he or she is a national of a treaty country (this requirement does not apply to family members)
- That the investment is “substantial” to ensure the successful operation of the enterprise
- That the investment was invested into a real operating enterprise*
- That the investment is not marginal (it must generate significantly more income than just to provide a living to the investor and family)
- That the investor has control of the funds and that the investment is at risk in the commercial sense
- That the investor is coming to the United States to develop and direct the enterprise
*Speculative or idle investment like uncommitted funds in a bank account or similar securities are not considered an investment for E-2 visa.
To qualify for an E-2 Investor visa the applicant must have the nationality* of the following treaty countries:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and United Kingdom.
*The regulations state that the applicant must be a national of one of these countries, but the applicant does not necessarily need to be currently living there. If you are unsure whether or not you qualify under this requirement, contact Shestopalko Law.
The substantial amount of capital is not defined; it is the amount that would be substantial in proportion to the total cost of purchasing or establishing the enterprise in the United States.
- E-2 visa applicant can invest in virtually anything
- While some investments of less than $100,000 are approved, the investment capital and reserves should total at least $100,000 – $200,000 and the applicant must be prepared to demonstrate or project that the business will employ at least 3 – 4 persons.
There is NO annual quota or cap on the number of E-2 visas issues each year.
The E-2 visa status is usually granted in three month to two-year increments and can be extended indefinitely.
Benefits of E-2 visa are:
- A stay in the United States for three months to two years
- The E-2 visa may be extended indefinitely
- E-2 holder’s Alien spouse and children under the age of 21 can reside in the United States
- E-2 visas holder and their families are permitted to travel in and out of the United States
- E-2 visa holders do not have to live in the United States any particular amount of time and therefore are not subject to worldwide taxation
- E-2 visa holder’s spouse is permitted to work in the United States after obtaining employment authorization
- E-2 visa holder’s children are permitted to study in the United States.
E-2 visa holder’s employees may also come to the United States under an E-2 visa for the purposes of overseeing the investment in the United States. For an E-2 visa employee to come to the United States, he or she has to:
- Be a citizen or national of the treaty nation
- Be in a managerial or supervisory role that requires specialist skills or knowledge.
EB-5 Investor Visa (Green Card)
The EB-5 program was established by the United States Congress in 1990 to facilitate increased investment in the United States economy. The EB-5 visa is a way to get a green card (permanent residency) through investment. The EB-5 investor visa program eventually enables qualified investors to become citizens of the United States. There are 10,000 EB-5 immigrant visas available annually.
Generally the EB-5 applicant needs to demonstrate that:
- He or she will invest $1 million in either a new or existing United States business or commercial enterprise OR
- He or she will invest $500,000 in a new or existing United States business or commercial enterprise that is located in Targeted Employment Area* (designated Regional Center) AND
- The investment will create at least 10 full-time United States jobs AND
- Prove that the investment will somehow benefit the United States economy
- Prove that the investor will be involved in the day-to-day management of the company
*Targeted Employment Area is defined as a rural area or an area that has experienced high unemployment of at least 150 percent of the national average
The yearly quota or cap of EB-1 visas issued each year is 10,000 visas (subject further to per-country limits).
Benefits of EB-5 visas are:
- Immigrants are not required to submit a labor certification
- Immigrants are not required to demonstrate that there is a shortage of domestic United States workers to perform that job
- Immigrants are not required to have a permanent job offer in the United States
- Immigrants are not required to maintain an existing home-country business
- Immigrants are not required to demonstrate extraordinary ability
- Immigrants have the ability to adjust immigration status (receive a green card) and to eventually Naturalize to a United States citizen
- Immigrants’ spouses and unmarried children under 21 years of age may receive derivative EB-5 status in order to accompany the principal to the United States, and may later adjust their immigration status (receive a green card) and Naturalize
Here is where we can help!
For more specific help with your individual case, call Shestopalko Law today at (585) 506-7356, email [email protected] or fill out our contact form.
Disclaimer: This article discusses general legal issues, but it does not constitute legal advice. No one should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Shestopalko Law expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.