PERMANENT RESIDENCY VISA FOR INVESTORS:
Employment Based Categories
EB5 – Fifth Preference
The “Investor Visa” is also known as the “Millionaire Visa” and is one of the “employment creation” visas because its purpose is to permit investors to immigrate to the United States to enhance employment opportunities for United States workers
An investment of $1,000,000.00 or more and the employment of 10 or more U.S. workers; or an investment of $500,000.00 or more and the employment of 10 or more U.S. workers when the location of the investment is in a targeted employment area, e.g. Dade County, Fl. (i.e. Miami, Fl.).
Investor Visa Checklist:
- The investor must have invested or be in the process of actively investing the required amount (one million or $500,000.00
- The investment must benefit the U.S. economy,
- The investor must have at least 10 workers (or in the process of hiring), depending on the investment amount; a qualifying investor will receive a two year conditional residency, which thereafter can be converted to a permanent residency upon proof of continued business activity by commercial enterprise.
New Commercial Enterprise:
To procure an employment creation visa, it is required that an alien establish a “new commercial enterprise” in one of the following ways
- starting an original and new business,
- purchasing an existing business and restructuring its operations or organization enough to create a new business or
- expansion of an already existing business within the U.S.
TEMPORARY VISAS FOR INVESTORS
BUSINESS / EMPLOYMENT VISAS
TEMPORARY VISAS – E-1 / E-2
Treaty Trader / Investor
E-1 Treaty Trader
At the present time Treaty Trader (E-1) status is available under treaties of commerce and navigation to nationals of Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, China, Taiwan, Colombia, Costa Rica, Denmark, Estonia, Ethiopia, Finland, France (includes Martinique, Guadeloupe, French Guiana, Reunion), Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Oman, Norway, Pakistan, Paraguay, Philippines, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia, Zaire. Alien must be entering the United States solely to carry on substantial trade (more than 50%), principally between the United States and the foreign state of which alien is a national. Substantial trade does not refer to monetary value but rather volume of trade.
Hint: Trade has been interpreted to include:
- International banking
- News gathering activities
E-2 Business: Treaty Investor
Treaty Investor (E-2) status is available for nationals of Albania, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Costa Rica, Czech Republic, Ecuador, Ireland, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Rumania, Russia, Senegal, Slovak Republic, Spain, Sri-Lanka, Suriname, Sweden, Switzerland, The Congo, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia, Zaire. Alien must establish that he seeks to enter the United States solely to develop and direct the operations of an enterprise in which he has invested or of an enterprise in which he is actively in the process of investing a substantial amount of capital ($100,000.00 + at risk). The investment cannot be alien’s only source of income. He must have invested or be in the process of investing capital in a bona fide enterprise and cannot be seeking to proceed to the United States in connection with the investment of a small amount of capital in a marginal enterprise solely to earn a living or he must be employed by a treaty investor in a responsible capacity and that the employer is a foreign person or organization of your same nationality and he intends to depart from the United States upon termination of status.