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Entrepreneurs who wish to become permanent residents in the United States
can apply for investor visas. The entrepreneurs, their spouses, and any
unmarried children under 21 may be able to receive a green card if they
want to invest in a commercial enterprise or who plan to create or preserve
10 permanent full-time jobs for qualified U.S. workers. Each year, up
to 10,000 visas can be authorized for eligible people.
Need help with your investor visa status? Contact us
today to start exploring your options.
Types of Investor Visas
There are two different type of investor visa’s to look at. The U.S.
Citizenship and Immigration Services (USCIS) is the organization that
EB-5 Program, some of which requirements have been briefly mentioned below. With this
program, entrepreneurs are eligible to apply for permanent residence if
they meet the above specifications. The EB-5 Program was created in 1990
to stimulate the U.S. economy through job growth and capital investment.
In 1992, Congress also created the Immigrant Investor Program (Regional
Center Program), which sets aside EB-5 visas for participates who invest
in commercial enterprises associated with regional centers that need economic growth.
Another option is
E-2 classification. This classification allows the citizen of a treaty country
(a country the United States maintains a treaty of commerce and navigation
with) to be granted a visa when investing a substantial amount of capital
in U.S. business. In order to qualify for E-2 classification, the immigrant
must be a national of a treaty country, must have invested or be in the
process of investing a significant amount of money in a bona fide enterprise
in the United States, and be seeking to enter the country solely to develop
and direct the investment enterprise. In order to establish your intent,
you must show at least 50% ownership of the business or possession of
operational control through a managerial position or another similar job.
Please note that an E-2 visa may be renewed, but it cannot directly lead
to legal permanent residence (or “green card”).
Who’s Eligible for an EB-5 Investor Visa?
People who have an approved Form I-526, Immigrant Petition by Alien Entrepreneur,
can apply for an investor green card. In addition, you must be admissible
to the United States. Moreover, there must be an immigrant visa immediately
available for your use upon application. In terms of finances, you must
also invest $1 million, or at least $500,000 in a targeted employment
area. A targeted employment area is a place in the U.S. with high unemployment,
or that is rural. Note that there are two types of EB-5 investor visas,
direct investments where an individual is directly invested in a business
and controls more of it and indirect investments whereby the application
is through a Regional Center. Further details of the differences of each
can be described during a legal consultation.
How to Apply
EB-5 Application Process
In order to petition for a visa under the EB- 5 Program, you must file
Form I-526, Immigrant Petition by Alien Entrepreneur. After filing, you
- File Form I-485, Application to Register Permanent Residence or Adjust
Status, with USCIS in order to change your status to a conditional permanent
resident of the United States
- File DS-260, Application for Immigrant Visa and Alien Registration, with
the U.S. Department of State to get an EB-5 visa abroad to seek entry
to the United States
After approval of a Form I-485 application, you and your family will be
granted conditional permanent residence for 2 years.
In order to apply for the E-2, you must be a national or citizen of a treaty
investor country with the U.S., gather the required documentation, fill
out Form DS-160, complete the online visa application, and print the application
form confirmation page to bring to your interview. You must also upload
a photo while completing Form DS-160 online. After submitting the application,
you must schedule an interview at the U.S. Embassy or Consulate in your
country. Following the scheduling, you must prepare for your interview,
pay the non-refundable application fee, gather the required documentation,
and attend the visa interview. Qualified investors will be allowed to
stay for a maximum of 2 years; however, you may ask for an extension of
residence and could be granted an additional 2 years each time you request it.
How Can We Help?
It’s sometimes incredibly complicated to apply for permanent residence
for an EB-5 or an E-2 visa. However, if you work with a Houston immigration
attorney from The Modi Law Firm, we can help you through the process.
Our team is knowledgeable, thorough, and committed to your best interests.
We are truly invested in helping the individuals who come into our office,
and we refused to settle for anything less than the best outcome for your
immigration case. The above information carries some of the general requirements
that may apply, only in overview form. There are likely additional requirements
that may apply including, but not limited to, tracing the source of the
funds used, evaluating potential business plans, structuring the corporation
or business entity, discussing processing times, additional filing requirements
and fees. Our knowledgeable attorneys can discuss these general requirements
with a detailed consultation at our boutique law firm.
If you need help with the paperwork, we can help you complete and file
all of it. Our founding attorney is an Adjunct Professor of Law at the
University of Houston, so you can trust his skillful representation of
Ready to begin? Call our firm at 832-514-4030 or
fill out our online form to tell us about your situation today