With strong policies in place to support businesses, the United States is an excellent place to invest. Foreign nationals may obtain specific visas in order to invest and reside in this country. Our Atlanta investment immigration attorneys can determine whether you qualify for one and if so, represent you through the visa application process. If you do not qualify for a visa, there may be other alternatives that we can suggest. Those who invest in the United States economy by creating jobs in this country may also qualify for Permanent Residency.
The Treaty Trader (E-1) and Treaty Investor (E-2) visas are for foreign nationals from countries with which the U.S. has treaties of commerce and navigation. They are a good choice if you are facilitating major “trade” between the United States and your treaty country or you develop the operations of an enterprise in which you’ve invested substantial capital. “Trade” includes international banking, tourism, communications, insurance, and transportation. In order to be eligible, your investment must put capital at commercial risk with objective of turning a profit. The investment must also be subject to loss if it fails.
Another option for immigrant investors is obtaining an Employment Fifth Preference (EB-5) visa. These are available to you if you want to enter into the United States to engage in a commercial enterprise that benefits the United States economy by creating jobs and making a capital investment. Every year, this category accounts for up to 7.1% of the employment based immigrant visas issued by the United States.
For purposes of this visa category, a commercial enterprise is an activity formed to conduct for-profit business activities. It includes sole proprietorships, corporations, business trusts, holding companies and partnerships. If the enterprise is a holding company and its wholly owned subsidiary, every subsidiary must be lawfully operating for profit.
The investment may be $1,000,000 in the United States or $500,000 in certain high-unemployment or rural areas in the United States. The money you invest may not be borrowed. Within two years, your investment must create full time jobs for at least 10 United States citizens, lawful permanent residents or immigrants, not including you or your family.
The jobs created can be direct jobs that are actual jobs for qualified employees or they can be indirect jobs. The latter are jobs created because of capital invested in a commercial enterprise that is affiliated with a regional center; only those affiliated with a regional center can use the indirect jobs criteria. Regardless of whether you’ve created direct or indirect jobs, you must be involved in the day-to-day management of your enterprise to qualify.
If you would like to acquire an EB-5 visa, you need to file an Immigrant Petition by Alien Entrepreneur. No labor certification is required. If United States Citizenship and Immigration Services approves your petition, it sends the petition to the National Visa Center. This category is one of the hardest visas to qualify for, so you should retain an experienced immigration attorney to help you from the start. Trying to get this visa and failing to do so may adversely impact any future attempts.
With over 90 years of collective experience on both sides of immigration controversies, our Atlanta immigration lawyers are uniquely situated to help you seek the appropriate status within the United States for your investment purposes. We provided dedicated, personalized services to all of our clients, and will help you navigate the visa application process from start to finish. Contact Pozo Goldstein, LLP by calling us toll-free at (888) 472-5291 or via our online form for a free, in-office consultation regarding any business immigration issue.