E-1/E-2 Visa Information
U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-1/E-2 visa is one method for ensuring healthy commerce and Investment with nationals of countries with which the United States has a valid Treaty of Commerce and Navigation.
Our Seattle investor attorneys have helped countless people acquire and maintain their E-1/E-2 visas. While we cannot act as your financial advisors, we have long standing relationships with well established business brokers who can help you buy a business or invest in to secure a visa.
We provide end-to-end services for E-1 and E-2 which includes:
- Business entity formation and registration
- Provide a professionally written 3-5 year business plan setting out your strategy for growing your business in the US
- Helping you gather and submit all supporting documentation to USCIS
- Preparing you for your Consular Interview (or USCIS interview if changing status within the US)
- Preparation and submission of amendments or application of renewal of E-1/E-2 visa status to USCIS.
Please contact our office for more information about qualifying treaty countries and/or how to qualify for an E-1/E-2 visa.
E-1 Investor Visa Requirements and Information
The E-1 Treaty Trader Visa allows an individual to enter and work inside the United States based on commerce he or she will be conducting, while inside the United States.
Treaty trader visas are available only to citizens of certain countries, and the company performing the trading must be at least 50% owned by citizens of the same country as the trader the visa is granted to. Persons with the treaty country's nationality must own at least 50% of the enterprise, and more than 50 percent of the international trade involved must be between the United States and the treaty country.
E-2 Treaty Trader Visa Requirements and Information
The E-2 visa is another visa category furthering U.S. immigration policy to support commerce through investments in U.S. businesses. The E-2 visa category allows foreign nationals of a treaty country to temporarily live and work in the U.S. To qualify for an E-2 investment visa, foreign nationals must make a substantial investment in a U.S. business or enterprise. Investor applicants must also show the investment funds have been legitimately derived and have been or will be subjected to real risk of loss as part of the investment.
Spouses and unmarried children under age 21 are allowed to accompany or join an E-2 worker in the U.S., in E dependent status. Spouses may seek work authorization from USCIS upon entry in E dependent status by applying for an employment authorization document. Spouses and children may also attend school.
Employees of investment companies may also qualify for an E-2 visa. Please contact our office for more information about qualifying treaty countries and/or how to qualify for an E-2 visa.
EB-5 Immigrant Investors Visas
The EB-5 investor visa allows individuals who are interested in investing a substantial amount in a U.S. based enterprise or business to seek permanent residence in the U.S. Accompanying spouses and unmarried children under the age of 21, are permitted to immigrate with the primary investor individual.
The EB-5 investment visa must be made for a new business or enterprise that is for profit.
The investor must be actively involved in the operations of the business.
Capital investments must be at least $1.5million (or $800,000 in certain designated areas through approved regional centers or if the location of your project falls within a Targeted Employment Area (TEA) Capital can include cash, equipment, inventory, etc.
The business must directly create at least 10 new jobs for U.S. workers (or indirectly create 10 new jobs if approved through a regional center) within two years of the investment.
Permanent residence based on EB-5 investments is granted by USCIS on a two-year conditional basis. After the two-year period is over, the EB-5 investor must demonstrate that all conditions continue to be met in order for conditional residence to be removed.
EB-5 investment visas are highly complex. For assistance or for questions about this category, please contact our office.
The United States of America is widely regarded as the land of opportunities, with a rich and diverse culture as well as one of the strongest currencies in the world equal to one of the most desirable passports on the planet. The United States remains as one of the most desired destinations for migrants and investors from all over the world.
Legal Basis
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status on the basis of their capital investment in a commercial enterprise.
The EB-5 regulations may be found at 8 CFR 204.6 and 8 CFR 216.6, respectively.
Benefits of EB-5 Investor Immigration
- When you obtain an EB-5 immigrant investor visa, you become a resident of one of the richest countries in the world.
- No time restrictions on your employment and you will have no need for a sponsor.
- You and your family will be authorized to work at any company in the USA, in any job function.
- Monetary return on investment.
- After 5 years, you may be eligible for U.S. citizenship.