How Can a Foreign Entrepreneur Apply for a U.S. Investor Visa?

The United States is an attractive place for foreign entrepreneurs seeking to expand their business opportunities and invest in new projects. One of the most popular ways for foreign entrepreneurs to conduct business in the U.S. is by applying for an investor visa. It is important to understand the eligibility requirements and steps to apply for this type of visa. Continue reading and contact an employment visa attorney in New York City with any further questions.

What is an Investor Visa?

An investor visa is a type of permit that allows foreign individuals to come to the United States, conduct business, and invest in new opportunities. Two of the most popular investor visas are the E-2 and EB-5.

The E-2 Treaty Investor Visa is available to individuals from countries with which the U.S. maintains a treaty of commerce. It allows investors to enter the U.S. to develop and manage business operations that they have invested in.

The EB-5 Immigrant Investor visa is a program in the U.S. that grants a green card to foreign individuals who invest at least $1,000,000 in a qualifying commercial enterprise or $500,000 in a high-unemployment or rural area. Within 2 years of the investment, the project must have created at least 10 full-time jobs for U.S. citizens, lawful permanent residents, or other individuals authorized to work in the country.

Who is Eligible for an Investor Visa?

For the E-2 visa, applicants are eligible only if they meet the following requirements.

• Are a citizen of a country that has a qualifying treaty with the United States
• Invest a substantial amount of capital in a U.S. business (the amount varies depending on the business type)
• Have control or ownership over at least 50% of the business, including being involved in major decisions and day-to-day operations
• The business must be a real and operating enterprise, not a passive investment

EB-5 applicants are eligible if they meet the following requirements.

• Have a minimum investment amount of $1 million (or $500,000 in a targeted employment area)
• Create at least 10 full-time jobs for U.S. workers, not including the investor and their spouse or children
• The business must be a for-profit entity

How Can a Foreign Entrepreneur Apply for a U.S. Investor Visa?

To apply for an E-2 Visa, complete the following steps.

1. Make the investment
2. Gather relevant information including your business plan, financial statements, proof of investment, source of funds, etc.
3. Prepare and file Form I-129 with the relevant documentation
4. Complete Form DS-160 if applying from outside of the U.S.
5. Schedule and attend the visa interview

To apply for an EB-5 Visa, complete the following steps.

1. Make the investment
2. Gather relevant information including your business plan, financial statements, proof of investment, source of funds, etc.
3. Prepare and file Form I-526 with the relevant documentation
4. Wait for approval

Applying for an investor visa is not complex but the process can be time-consuming. Work with an experienced attorney for additional legal advice.