Immigration options for foreign investors, entrepreneurs and small business owners
Foreign investment in the U.S. creates job opportunities for American workers, and benefits the U.S. economy. Thus, United States immigration law provides avenues for foreign investors to come to the U.S. to lead, manage or invest in businesses that they either own or start.
These investor immigration opportunities are suitable for a variety of people from all over the world who have the means to qualify, and frequently offer great flexibility to the investor/client. The Law Offices of Brian J. Halliday has a strong understanding of how to navigate these investment options, with experience advising entrepreneurs in a variety of industries.
EB-5 Investor Green Card
The EB-5 Immigrant Visa (“green card”) category for immigrant investors was created by the Immigration and Nationality Act of 1990. A popular EB-5 green card program permits foreign nationals who invest $1 million (or in many cases, $500,000 in areas of high unemployment) in designated Regional Center projects to live and work in the U.S as lawful permanent residents (green card holders). The EB-5 investor green card program also permits foreign nationals to invest in their own businesses in the United States that meet specified job creation and sustainability objectives.
For many successful individuals worldwide, the EB-5 Investor Green Card Program is ideal because it allows the individual to live or work anywhere in the U.S. It offers the option of immigrating to the U.S. as either an active entrepreneur, or a more passive investor. The EB-5 program provides permanent residency in the U.S. for the investor, his or her spouse and any unmarried children under 21.
E-1 Treaty Trader Visa
The E-1 Treaty Trader Visa is for foreign nationals who work for, or operate, a business that conducts a substantial amount of trade with the United States. The U.S. enterprise must bear the same “nationality” as the foreign national. The foreign national’s country must maintain a treaty of friendship and navigation with the U.S., and both the business and the individual must meet eligibility requirements for the visa category. Typically, the business must conduct more than 50 percent of its international trade with the United States. E-1 visas are valid for up to five (5) years and are renewable indefinitely.
E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa provides a long-term, renewable work visa for foreign nationals who are able to make a substantial investment in a U.S. business, or who work for such a business, again sharing the same nationality as the foreign national. Like the E-1, the E-2 category requires the foreign national’s country to maintain a treaty of friendship and navigation with the U.S., and the individual and business to both meet eligibility requirements for the visa. While there is no minimum investment amount required, the amount invested must be “at risk” and be substantial enough to operate the business successfully and on a sustainable basis.
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For information about these or other U.S. immigration matters, contact The Law Offices of Brian J. Halliday, Inc.
