Investor Visa USA Requirements

The investor visa for the United States is a unique path for foreign nationals who wish to live and work in the U.S. by making a substantial financial investment in a U.S. business. This visa category primarily includes the EB-5 Immigrant Investor Program and the E-2 Treaty Investor Visa. Each has its own set of requirements and benefits. This comprehensive guide will explore these visa types in detail, covering eligibility, investment requirements, application processes, and key considerations.

EB-5 Immigrant Investor Program

1. Eligibility Requirements

The EB-5 visa requires an investment in a new commercial enterprise. To qualify, the following criteria must be met:

• Investment Amount: A minimum investment of $1.05 million is required. However, if the investment is made in a targeted employment area (TEA) – an area with high unemployment or rural areas – the required amount is reduced to $800,000.
• Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s adjustment of status.
• New Commercial Enterprise: The business must be a new enterprise or a troubled enterprise that has been in existence for less than two years or is not in the position to expand.
• Active Role: Investors must be actively involved in the enterprise, although they are not required to manage the day-to-day operations.

2. Application Process

• Form I-526: The initial step involves filing Form I-526, Immigrant Petition by Alien Investor, with the U.S. Citizenship and Immigration Services (USCIS). This form demonstrates the investor’s eligibility and the details of the investment.
• Processing Time: Processing times for Form I-526 can vary but generally range from 12 to 24 months.
• Visa Issuance: Upon approval of Form I-526, investors and their immediate family members can apply for immigrant visas at a U.S. consulate or embassy abroad.
• Adjustment of Status: Investors already in the U.S. on another visa can apply to adjust their status to that of a lawful permanent resident.

3. Conditional Permanent Residency

• Conditional Status: Upon entering the U.S., investors and their families receive conditional permanent residency for two years.
• Removal of Conditions: To remove the conditions on their residency, investors must file Form I-829 within the 90-day period immediately before the second anniversary of their adjustment of status. This form verifies that the investment was maintained and the job creation requirements were met.

E-2 Treaty Investor Visa

1. Eligibility Requirements

The E-2 visa is available to investors from countries that have a treaty of commerce and navigation with the United States. Key eligibility requirements include:

• Investment Amount: While there is no set minimum amount, the investment must be substantial in relation to the total cost of either purchasing an existing business or establishing a new one. Typically, investments should be around $100,000 or more.
• Business Operation: The business must be operational and active. Passive investments, such as purchasing real estate or stocks, do not qualify.
• Control and Risk: The investor must be in a position to develop and direct the enterprise and must bear the risk of investment.

2. Application Process

• Form DS-160: Investors must complete Form DS-160, Online Nonimmigrant Visa Application, and schedule an interview at a U.S. consulate or embassy.
• E-2 Visa Petition: Evidence of the investment and the nature of the enterprise must be presented during the interview.
• Processing Time: Processing times for E-2 visas can vary by consulate but typically take a few weeks to a few months.

3. Visa Duration and Renewal

• Initial Visa Duration: The E-2 visa is typically granted for up to two years but can be renewed indefinitely as long as the investor continues to meet the visa requirements and the business remains operational.

Key Considerations

• Legal Advice: Due to the complexity of immigration laws and regulations, it is highly advisable for investors to seek legal counsel specializing in U.S. immigration.
• Business Plan: A detailed and well-prepared business plan is crucial for both EB-5 and E-2 visa applications. It should outline the investment’s potential for job creation and economic benefit.
• Compliance: Ensuring compliance with all U.S. laws and regulations is essential for maintaining visa status and avoiding potential legal issues.

Conclusion

Navigating the U.S. investor visa process can be complex, but understanding the requirements and carefully preparing your application can significantly enhance your chances of success. Whether opting for the EB-5 or E-2 visa, a strategic approach and thorough planning are vital for achieving your investment and residency goals in the United States.