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What Does the EB-5 Immigrant Investor Program Visa Entail?

The EB-5 Immigrant Investor Program Visa offers a pathway to permanent residency for foreign investors by engaging in a new commercial enterprise in the United States that leads to job creation.

Traditionally, the program requires a minimum investment of $1,000,000, or $500,000 for investments in a “Targeted Employment Area” (TEA) which is either a high unemployment or rural area.

Investors must create at least 10 full-time jobs directly or, when investing through a regional center, jobs may be created either directly or indirectly. For investors aiding “troubled businesses,” job maintenance can suffice.

Significant changes to the EB-5 program were implemented on November 11, 2019, which include an increase in the minimum investment to $1.8 million, or $900,000 for TEA investments. Additionally, the Department of Homeland Security (DHS) now designates high-unemployment TEAs, and EB-5 petitioners can retain their priority dates under certain conditions if they have previously had a petition approved.

What is the E-1 Non-Immigrant Treaty Trader Visa?

The E-1 Treaty Trader Visa is designated for individuals from countries that have a commerce and navigation treaty with the United States, permitting them to enter the U.S. to conduct trade mainly between the U.S. and their respective treaty country.

To qualify for the E-1 Treaty Trader Visa, applicants must fulfill the following criteria:

  • Be a citizen of a treaty country recognized by the United States.
  • Enter the U.S. with the intent of engaging in substantial trade activities.
  • Ensure that the majority of their trade is between the United States and the treaty country.

Trade can encompass various forms, including:

  • Tourism services
  • International banking operations
  • Professional services
  • Trade in goods and commodities
  • Transportation services
  • Insurance provisions
  • Technological products and services
  • Activities related to journalism and media

What is an E-2 Non-Immigrant Treaty Investor Visa?

The E-2 Treaty Investor Visa enables nationals from countries with which the United States holds commerce and navigation treaties to enter the U.S. for the purpose of overseeing an enterprise in which they have made a significant capital investment.

To be eligible for an E-2 visa, the following conditions must be met:

  • Be a citizen of a treaty country recognized by the United States.
  • Have made, or be actively making, a considerable investment in a commercial venture in the United States.
  • Own at least 50% of the business or have operational control through a managerial position or other corporate device.
  • The investment must be at risk for the purpose of generating a return, meaning it can be lost if the business fails. Additionally, the invested funds must have been obtained legally.

What Does the L-1A Non-Immigrant Intracompany Transferee Executive or Manager Visa Entail?

The L-1A visa program facilitates the transfer of executives or managers from a company’s foreign offices to its U.S. branches. It also enables foreign companies to send executives or managers to the U.S. to set up a new affiliated office.

To qualify for an L-1A visa, you must fulfill these requirements:

  • There must be a qualifying relationship between the employer and the foreign company.
  • The employer must be actively conducting business in the U.S. and at least one other country throughout the beneficiary’s stay in the U.S. under L-1 status.