Helping You Invest In United States Businesses
The United States has always thrived on the hard work and investment of immigrants. There are a few different visa options available to foreign investors who make substantial contributions to U.S. businesses. If you are seeking to invest in the United States as an immigrant or nonimmigrant, the attorneys at David Hirson & Partners, LLP, can provide you with the skilled legal guidance you need. With law offices in Costa Mesa and Seattle, we handle investment visas and other immigration law matters for businesses and individuals throughout the world.
We Understand Investment Visas
The United States offers a few visa options for entrepreneurs who either want to start a business in the United States or who want to invest in U.S. workers. Each visa has its requirements, benefits, and drawbacks.
We can help you explore your options for obtaining an investment visa, including the EB-5 and E-2 visas:
EB-5 Visas: Employment-Based Immigration, Fifth Preference
Employment-based visas operate similarly to each other but have difference qualifications and requirements from one another. One popular employment-based visa is the EB-5 immigrant investor visa. The EB-5 visa is focused on foreign nationals who want to invest in the U.S. rather than simply be an employee in the U.S.
In general, it permits an investor, their spouse, and unmarried children under the age of 21 to get an EB-5 visa if certain conditions are met, including:
- Meeting a minimum investment amount that varies based on where the business will operate.
- Creating or preserving at least ten full-time jobs for qualifying workers.
Recent EB-5 Changes
The EB-5 program changed as a result of the U.S. government’s regulatory changes to the program that went into effect as of November 21, 2019. Specifically, the minimum investment amount was increased to $1.8 million (and $900,000 for investments located in targeted employment areas) and changing how targeted employment areas are defined.
E-2 Visa: Treaty Traders
A treaty investor is a foreign national of a country with which the United States holds a treaty of commerce and navigation. This individual must have also invested a minimum amount of money in a business venture in the US.
Certain employees of this particular company may also qualify for an E-2 visa. The USCIS maintains a running list of countries that have this type of treaty with the United States.
Although EB visas are similar, the key differences between an EB-5 visa and an E-2 visa include:
- The E-2 visa requires a lower minimum investment, no fixed minimum number of employees, has country-specific requirements, and requires a reasonable return on investment within a reasonable time to qualify for the visa.
- On the other hand, an EB-5 visa has no country-specific restrictions and its rules apply to applicants from all countries.
As an E-2 treaty investor, holding the nationality of a treaty country, you must own at least 50% of the enterprise or possession of operational control by managing or meeting specific employment qualifications. The investment may not be “marginal” and must be “substantial” as defined in the Foreign Affairs Manual (“FAM”) and U.S. statute and regulations. Learn more about our E-2 visa services.
Please read more about Investment Visas in our Entrepreneur Visa Guide: Comparing the Top Startup Visas.
Our firm has a long history of handling investment visas for clients throughout the world. Our managing partner, David Hirson, has been helping investors procure EB-5 visas since the program was implemented in 1991.
If you are seeking to invest in the United States, we are here to help you with all of the immigration law issues you will encounter.
We Represent Clients Nationwide And Around The World
Contact Us To Learn More
Call David Hirson & Partners, LLP, in Costa Mesa, California at 949-441-4003 or our Seattle, Washington, office at 206-926-3973 or contact us by email to arrange a consultation with one of our immigration attorneys today.
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