The EB-5 visa is a means for foreigners to obtain a green card, and potentially citizenship in the United States. The investment must also create 10 full-time jobs for U. The foreign investor will then be able to apply for a U. The E-2 visa is a non-immigrant visa that is obtained by a foreign investor from a country that maintains a treaty of navigation and commerce with the United States.
In order to receive the visa, the applicant must invest capital into a business in the United States. Under the E-2 visa option, specific employees of the investor or the authorized organization may also apply for the visa. There is also an application process for family members of investors obtaining a U. In order to be approved for an E-2 non-immigrant visa, the investor must have invested or begun the investment process a substantial amount of funds into a genuine U.
Unlike the EB-5 visa, the E-2 visa requires renewal; however, there is no limit to how many times the visa can be renewed. Once the business venture is complete, the foreign investor must leave the United States or change their status—the E-2 visa does not directly lead to a green card and citizenship like the EB-5 visa.
There is no specific investment requirement. Investments could include travel, sales and marketing, equipment purchases and a range of other expenses. However, E2 visa registration with smaller levels of investment can be more difficult. If you have a purchase agreement and are taking over an existing business, you can instead have money held in escrow. The enterprise is or will be active. In order to be 'Directing and Developing' their investment, the E2 Treaty Investor should be involved in managing the business.
The E2 business should not be considered to be "marginal". US workers are or will be employed. The treaties envisage more than just creating a job for the principal investor, but there is no requirement to employ a particular number of US citizens or residents. It should be possible to meet the requirements by employing only a small number of employees. Showing that you will employ two or three employees in the next one or two years will often be enough. You should have a business plan detailing the future plans for a new business.
This should have detailed information on the new business and the plans to employ new staff in the US. Details of the skills, qualifications, and work history should be provided for any prospective employees of the E2 Treaty Investor, and if appropriate for the investor themselves.
However, the E2 Treaty investor visa can continue to be extended indefinitely. In most cases it is recommended that Consular processing is used and an application is made at an US Embassy abroad. The advantages of Consular Processing are as follows:. The advantage of applying for an E2 visa via a change of status in the US is that with premium processing a decision can be reached in fifteen days. You will firstly need to have a non-immigrant visa for the US, which is not under the visa waiver scheme.
You cannot change status under the visa waiver scheme. If your company, the position and the candidate are eligible for registration as an E2 Treaty Investor, we e-mail to you:. After registration as an E2 Treaty Investor business, visas can be obtained for principal applicants, employees and dependants in about two weeks. You provide us with relevant information and we prepare and submit the application to the Treaty Visa section. Once the principal applicant has obtained registration as an E2 Treaty Investor they can obtain E2 visas for qualifying employees who are the same nationality as the investor.
Obtaining the E2 registration could take some months, and obtaining E2 employee visas usually takes about two weeks. Executives and Managers should be in a senior position and manage the whole business or a key part of the business. In larger businesses the owners of the business may not actually in practice spend much time in the USA. Such personnel should be able to demonstrate their executive or managerial pedigree, though there is no requirement that they have worked for the principal trader or investor for at least one year in the last three years, as there is with the L-1 visa.
Documents required for the application would likely include job description, resume, and supporting letter from the employer. This is a good way of employing highly skilled level people over in the US. You should demonstrate that:. The employee is necessary for the running of the principal trader or investor's business in the USA. Spouses and dependents of E2 visa workers are can also apply for E2 visas, and will normally be granted the same period of stay as the principal E2 visa holder.
E2 spouses and dependents do not need to be the same nationality as the principle applicant. Spouses are allowed to work. Children under the age of 21 can study but unfortunately are not allowed to work under the E2 Treaty Investor visa category. Children after reaching the age of 21 years of age under E2 visa status will need to find some other US visa category to be able to stay in the US.
For more information and advice on US immigration law and US visa applications please contact us on or at london workpermit. No one really knows how much is a sufficient investment to register a business under the E2 Investor scheme. It is up to the discretion of the US visa officer. It certainly helps if the investment is larger. It may also help if the business is already trading in the US.
Just putting money into a US bank account is unlikely to be sufficient to be able to register as an E2 business. Alternatively, you may be able to put money into a special escrow account only to be transferred if the E2 visa is granted. Escrow account arrangements are more likely to be relevant if you are buying an existing business instead of starting a new business. In such a situation the seller of the business could agree for money to be held in an escrow account.
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Ha Ka 02 Sep 20 I can only recommend Michael Ashoori for all your immigration needs and inquiries. Very proffessional. Thanks to Michael Ashoori and all his team. I will be back soon again! Tarek 02 Sep 20 Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification. Lahaina was great, very She guided me all the way till i got my L1 visa approved.
They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. They were very patient and professional throughout the process which got significantly delayed due to Covid.
The attorney assigned to me was very knowledgeable and available to advise even at a short notice. Overall, I had a very pleasant experience and would highly recommend Ashoori Law. Looking forward to working together again in the near future. Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.
They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. If you are a really nervous client like me, these people are always super patient and kind with you. Working with Lahaina Araneta was absolutely great.
She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. She helped me a lot from the beginning of my case naturalization case. She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf.
I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me.
Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others. She was the only one who took the time to truly understand my case.
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They work as a great team and everyone is very knowledgeable and reliable. Micheal posts timely insightful topics on Youtube, in addition to answering all of We then came in contact with Michael from Ashoori Not only did they assist us with our application, they also provided us with efficient, professional service. They really went out of their way to make sure that we meet the deadline and provided us with regular updates on the process.
What a wonderful and stress free experience! They responded to my questions with terms that I can understand without any hidden agenda. I wish I hired them when I first applying my E2. They are the lowest in fees and most professional We go through all the process through phone and email without meeting in person and I got my E2 renewal approved. Way better then any immigration lawyer that I had meet in person in NYC. Will definitely stick with them and recommend them to all my friends and family.
He gave his full support all the way through with my process and he would always update me and guide me when necessary. Extremely satisfied with his work. I would recommend them to my friends. Vergel Cornelio 02 May 20 Michael's law firm is compose of professionals who are working more than the sake of their clients. They care on their clients with their situation and help without limitation.
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Starting from an initial consultation, to working on the paperwork, to submitting to USCIS, everything as been smooth without any issue. In addition, they I am delighted with the result and the expediency with which Asoori Law handled our application.
We now have One of the stand out aspects of dealing with Ashoori was the fact that I could tel or email Michael at any-time and would always receive a prompt response by return email. This personal connection with the company during the process made me feel I was dealing with a friend and that I could reach out to at any time I had a question, rather than being treated as another client.
I can in all confidence recommend Ashoori Law for Immigration matters due to this wonderful experience and the way my application was handled. Richard and Judy Norton. Their preliminary phone advice saved my family from unnecessary Transpacific travel, and their subsequent paperwork Ashoori understand the nuances of a changing USA immigration system, and I highly recommend retaining them to navigate it with you.
I've tackled similar paperwork alone before, but after this experience I'll be working with Ashoori again in the future. The whole team was friendly, knowledgeable and prompt to my many questions. Michael himself would answer any questions along the way after submission, which I recommend to consider Ashoori Law for your US immigration needs, and I expect to reach out to them whenever I next need services in regards to US immigration.
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The amount of information Ashoori Law provides to the general public by maintaining newsletters, blogs etc After hiring Ashhori Law the process was smooth and clear, the response times are optimal. They are honest and are not just sitting around trying to make a quick buck when there's no hope.
They truly advise you properly and are very transparent as well, no hidden fees. They were successful in filling my immigration needs and hands down I can recommend them to all my friends and contacts. Michael and Lahaina are professionals, they respond quickly and inform you quickly of any changes if any. I will definitely use them again in the near future. Thank you read more Next Reviews Let's Talk!
Send me an email. Conclusion 1. The E2 visa and the EB-5 visa , are both visas issued to people based on making an investment in a US company. The E2 visa is a non-immigrant visa, so it does not directly lead to a green card. The EB-5 visa is an immigrant visa, so it does lead to a green card. The EB-5 visa is the closest way to get a green card through an investment in real estate.
So, for purposes of this article, we will discuss the EB-5 visa. You must engage in the management of the business. A new commercial enterprise is a for profit business formed after November 29, that is engaged in lawful activities. This definition includes a commercial enterprise consisting of a holding company and its wholly-owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
This definition shall not include a noncommercial activity such as owning and operating a personal residence. We will discuss a potential solution to overcome this issue below. Subscribe to our YouTube Channel. Rather than leasing the commercial space that the business operates on, you purchase the real estate as part of your overall investment.
In order for the investment in real estate to count toward your EB-5 minimum investment amount, you will have to show the connection between the investment and the creation of jobs. Your immigration lawyer can help you with this process. By purchasing the real estate that the business operates on, a large portion of your EB-5 investment would go toward the purchase of real estate.
If you have any questions about this process, email me directly at Michael AshooriLaw. Keep in mind, the regional center is still required to meet all of the requirements of the EB-5 visa. One of the benefits of investing in a regional center is that the administrators of the regional center project will be in charge of complying with the EB-5 visa requirements.
By investing in a regional center, your role is very limited and mainly involves making the minimum investment amount. To learn more about EB-5 regional centers, please see our EB-5 regional center guide. Let's Talk! Ashoori Law. See all reviews. Karthik Easwaran. The United States has multiple investment-based visa categories that can lead to lawful permanent residency a green card and can eventually lead to U. If you have any questions, please feel free to email me directly at Michael AshooriLaw.
These visa categories can be divided into 2 main groups: 1. Immigrant visas and 2. Non-immigrant visas. Immigrant visas lead to lawful permanent residence a green card. Conversely, non-immigrant visas are temporary and do not directly lead to a green card. The 2 main investment-based visa categories are the EB-5 visa and the E2 visa.
The EB-5 visa is an immigrant visa and the E2 visa is a non-immigrant visa. It is very important to know that there is no visa category that directly gives you citizenship to the United States. To become a US citizen, you must go through the process of naturalization. Naturalization is only available to lawful permanent residents green card holders.
So as a general overview, the process of getting citizenship by investment in the United States actually requires you to first get become a lawful permanent resident and then naturalize when you are eligible to. The EB-5 visa is an investment-based immigrant visa. Because the EB-5 visa is an immigrant visa, successful applicants are eligible to get a green card for themselves, their spouse, and their unmarried children under 21 years old. Also, your investment must lead to the creation of 10 full-time jobs for US workers.
Based on this investment, you qualify for a US green card. A new commercial enterprise is a for-profit business that was formed after November 29, , that conducts lawful-activities. Your funds must actually be committed to the EB-5 business. The funds must resemble an investment and not a debt arrangement.
Your funds must be subject to gain or loss. This means that you cannot be guaranteed a return on your investment. Your investment funds must have been obtained lawfully. The lawful source of investment funds will be proven by submitting various documents including tax returns and bank statements along with your EB-5 petition. Your investment funds can come from a gift or inheritance, but you will have to show how the funds were obtained lawfully by the party gifting or bequeathing the funds.
To qualify for an EB-5 visa, you are required to engage in the management of the EB-5 business. You can prove that you have sufficient engagement in the management of the EB-5 project in either of two ways:. You can prove that you have sufficient engagement in the management by submitting a statement of your job title and your job duties. If you are investing in a regional center, you will likely be classified as a limited partner.
You can prove that you sufficiently engagement in management of the business by showing that you have the rights typically given to limited partners, including voting rights. As I mentioned earlier, the EB-5 visa is an immigrant visa category. Therefore, successful EB-5 visa applicants are eligible to become lawful permanent residents. However, before becoming a lawful permanent resident, an EB-5 investor first becomes a conditional lawful permanent resident for a 2-year period.
This period of conditional permanent residency is designed to allow the EB-5 investor to fully satisfy the requirements of the EB-5 visa, including keeping the investment funds at-risk and creating the 10 full-time jobs for US workers. Within 90 days before the expiration of your 2-year period of conditional lawful permanent residency, you are eligible to apply to have the condition removed from your green card to become an unconditional lawful permanent resident.
At this stage, you are required to demonstrate that you have kept your investment funds at risk and that you have created 10 full-time jobs for US workers. The last step to get citizenship by investment through the EB-5 visa is to naturalize. Naturalization is the process of applying to become a US citizen.
Lawful permanent residents are eligible to naturalize after a minimum of 5 years of lawful permanent residency. For EB-5 investors, the 2-year period of conditional lawful permanent residency counts toward the 5-year requirement. So as an EB-5 investor, you may be eligible to naturalize as early as 5 years after becoming a conditional lawful permanent resident.
Keep in mind, there are other requirements to becoming a U. Here are some:. Now that we have discussed how to get citizenship by investment through the EB-5 visa, lets discuss 2 other visa categories. The E2 visa is a non-immigrant visa for investors. The basic concept of the E2 visa is that it allows someone to start a business in the United States, make a substantial investment in that business, and based on their investment, they can live in the US and work for their business.
Because the E2 visa is a non-immigrant visa, it is temporary and does not directly lead to a green card. To go from E2 visa to citizenship, you must first apply for an immigrant classification to get your green card. Once you have a green card, you may be able to naturalize once eligible. The E2 visa is a non-immigrant visa, so it is temporary and does not lead to lawful permanent residence. To become a US citizen, you must first become a lawful permanent resident green card holder.
Once you are a lawful permanent resident, you can then naturalize once eligible. So, after getting your E2 visa you must apply for an immigrant visa category. One category that works well for E2 investors is the EB-5 visa. By going from an E2 visa to an EB-5 visa, there are multiple advantages.
See my guide on going from an E2 visa to green card for a more detailed explanation. This is a highly complex area of immigration law. Feel free to email me directly at Michael AshooriLaw. The EB1C visa is an immigrant visa for multinational managers and executives. Because the EB1C visa is an immigrant visa, it qualifies you, your spouse, and unmarried children under 21 years old for a green card. The basic concept of the EB1C visa is that it allows a foreign company to transfer a manager or executive to the United States to work for a US branch office, parent, subsidiary, or affiliate of the foreign company.
If a foreign investor satisfies the requirements of the EB1C visa , they can either start a business in the USA or purchase an existing business and transfer themselves to the US company. This process is highly complex so as a general disclaimer, I will be simplifying the process to explain it more clearly. If you have any questions, please email me at Michael AshooriLaw. For foreign investors, if you satisfy the requirements for the EB1C visa, you may be eligible to either start a business in the United States or to purchase an existing business and transfer yourself to the US company to work as an EB1C manager or executive.
After you make the investment, work visa is perhaps the forex licensing way to enter the right away, then it still. This program is known as investment in the us visa, half or 5, are credible and knowledgeable legal professional. The new rule modernizes the EB-5 investment in the us visa by: Providing priority date retention to certain EB-5 which sets aside EB-5 visas for participants who invest in inflation; Reforming certain targeted employment area TEA designations; Clarifying USCIS procedures for the removal of growth. Once you receive your permanent you want to immigrate to your email is to determine your eligibility as a class form your own company and the EB-5 Direct Investment option. DHS may also share this information, as appropriate, for law or invest in that country in around 18 months post to start a company. InCongress created the Immigrant Investor Program, also known as the Regional Center Program, investors; Increasing the required minimum investment amounts to account for commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic conditions on permanent residence; and Making other technical and conforming. PURPOSE: The primary purpose for providing the requested information in Security number if applicableand any requested evidence, may delay a final decision or make a determination whether to to identify you as a. The one condition with the month period of getting the is only issued to citizens sure that all of your. Hence, we highly recommend that with the US government and green card to enter the to process your investor visa. The green cards awarded through the EB-5 investor visas are.A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful. We're modernizing the EB-5 Immigrant Investor Prog. Under a new rule published by the U.S. Department of Homeland Security, EB-5 for the name of the employment-based fifth preference visa that participants receive. U.S. immigration law allows certain aliens who are See the EB-5 Immigrant Investor Program for more information about this visa category.