Business and Investor Visas

Information regarding business and investor visas for United States immigration.

+ E-2 Visa. Investment or business visa.

In order to qualify for an E-2 Visa, you must be from a treaty country (a country with which the USA maintains a relevant treaty or international agreement); scroll to the bottom of this page for a list of qualifying countries. You must also own at least 50% of a company in the U.S. which you bought or started by investing a significant amount of money, usually $100,000 USD or more, but sometimes less (Azadi Law has successfully helped clients get E-2 Visas with an investment of $50,000 USD).

Benefits of an E-2 Visa

E-2 Visas are beneficial for a number of reasons. They have a validity period of one to five years, depending on where you are from, and can sometimes lead to U.S. residency (see below for more information about this). E-2 Visas can be renewed as many times as you wish, as long as your country’s treaty with the U.S. remains valid and your treaty company remains open and operational - clients of ours have renewed their E-2 Visa several times.

As an E-2 Visa holder, you qualify to receive a Social Security Number, Driver’s License, and other benefits. Your spouse may also apply for a Work Permit which allows them to apply for a job at any US company. As an E-2 Visa holder, your children may study in the U.S. as tax residents, which means their tuition fees will be the same as those of citizens and residents who live in their state – i.e., much less than what foreign students usually have to pay.

The E-2 Visa also has tax benefits, as it doesn’t necessarily require you to be in the U.S. full-time; this allows you to choose whether to file your taxes as a resident or nonresident, depending on how many days you spend in the country during a given year.

What Type of Business Can I Apply With?

The company you use to apply for your E-2 Visa can operate any type of business. It can be:

a U.S. subsidiary or affiliate of a company outside the U.S.
an existing U.S. business you invested in or bought
a franchise of a company that you paid for the rights to, or
you can start your own company in the U.S.

Some popular business types are restaurants, salons, dry cleaners, gyms, and trucking companies. It is also possible to apply with a holding company with multiple entities under it, forming a corporate group; this can be recommended, as it gives you multiple businesses that you can use to renew your E-2 Visa.

What Money Can I Use?

The money can come from an account anywhere in the world, but the money must currently be within your control. You can apply with money you earned or money you inherited. You must be able to demonstrate where your money came from and prove it was obtained legally.

Must My Business be Operational?

If you are starting a new business, the U.S. company must be ready to commence operations at the point at which you apply for the E-2 Visa. If you are buying or investing in an existing business, you must pay the seller a non-refundable deposit, put the remaining purchase price in Escrow, and sign an agreement. The point of this is to show U.S. immigration officials that your investment is "at risk" and you are serious about starting your business.

Must I Submit a Business Plan?

E-2 Visa applicants must submit a detailed Business Plan as part of their application, with 5-year financial projections and a market study, among other things.

Should I Apply from Within or Outside of the U.S.?

If you are already in the U.S. at the time of applying for your E-2 visa, with a valid status such as a temporary business (B-1), tourist (B-2), or student (F-1/M-1) visa (ESTA waiver does not apply), you can apply through a Change of Status. This requires - and allows - you to remain in the U.S. throughout the E-2 application process. This option can be beneficial for those in a rush to get their case approved, as USCIS provides the option of faster, Premium Processing, incurring an additional fee but guaranteeing a response to your application within 15 days. (Regular processing for a Change of Status takes approximately 3-9 months.)

Things to note: a Change of Status can only be granted for a maximum validity period of 2 years. Also, an approved Change of Status is only valid in North America; if you subsequently wish to travel internationally during your visa's validity period, you will need to schedule an appointment at the U.S. Embassy in your home country and attend an interview there before being allowed to re-enter the U.S. Therefore, if you are concerned with being able to travel freely, we usually recommend applying via Consular Process (see below).

Consular Processes (from abroad) generally take 1 to 4 months but can take longer, depending on which treaty country you are applying from. They are still generally faster than regular Change of Status processing. Your visa will be approved for up to 5 years and you will be eligible to apply for a social security number upon entering the U.S. Your spouse may apply for a work permit upon entering the U.S., and your children may attend school.

Unlike a Change of Status process, a Consular Process requires you (and any accompanying family members) to attend an interview at the U.S. Embassy in your home country. Here at Azadi Law, we will make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and a list of sample interview questions. He/she will then schedule a mock interview with you, in order to prepare you for the real thing.

Can Employees Get an E-2 Visa?

As well as investors, the E-2 Visa also applies to certain qualified professionals from treaty countries. After an initial Applicant (investor) receives their E-2 Visa, they can petition someone with the same nationality as them for an E-2 Visa as an employee of their company, citing a valid job offer which the applicant is qualified for based on their education and experience.

Is There a Path to Residency (Green Card)?

After 1 year or more of working in the United States, certain E-2 Visa holders may qualify for U.S. Residency as a multinational executive or manager. This only applies if they have also owned, managed, or directed a subsidiary, affiliate, or parent company of the qualifying company.

E-2 Visa holders may also adjust status and become residents if they marry a U.S. citizen, have a U.S. Citizen child who is an adult, or qualify for an immigrant visa petition such as an EB-1, EB-2, EB-3, or EB-5. For more information about how you can become a resident (Green Card holder), please contact our office.

7 Step E-2 Visa Application Preparation Process:

*You should hire a qualified immigration attorney before beginning this process. It is essential that everything is done and documented correctly, to prove the legitimate origin of your investment funds and your ownership interest in your U.S. Company of choice.

Step 1: Decide what you’re investing in.

⁃ Do a market study, consult an attorney or real estate broker, and speak to potential seller(s) and business partner(s), if any.

Step 2: Document your ownership interest.

⁃ Hire an attorney to open and register your new company with the state, or to prepare your purchase and sale, partnership or franchise agreement if you will be buying or investing in an existing company.

Step 3: Make your investment.

⁃ Send money to your new company’s account or to the bank account of the person you are buying your shares or company from via wire transfer, check, or by putting money in escrow. You may also invest by transferring your ownership in commercial property, inventory, equipment or machinery.

Step 4: Use your investment funds.

⁃ Secure an office/warehouse space for your business, obtain the necessary licenses/permits to operate your business, and buy or rent inventory, equipment, and machinery.

Step 5: Create a Business Plan.

⁃ Your immigration attorney, a qualified accountant (CPA) or a business consultant should prepare a detailed business and marketing plan with 5 years of projections.

Step 6: Complete and file your package.

⁃ After you contract our legal services, we will provide you with a list of documents that we need from you in order to process your case. Once you provide us with this evidence, your attorney will prepare and submit a detailed E-2 Visa application on your behalf. This will include a comprehensive business plan with 5-year projections, all necessary immigration forms, and an attorney's letter summarizing and arguing your case.

Step 7: Prepare for your interview.

⁃ Once your interview is over, the immigration officer will usually tell you there and then whether or not your visa is approved. If approved, your passport will be taken and returned to you a few days later with the visa inside of it. (There is no interview for an E-2 visa if you file for a Change of Status - see above).

Current E-2 Visa Treaty Countries:

A: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan.

B: Bahrain, Bangladesh, Belgium, Bosnia and Herezegovina, Bulgaria.

C: Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville + Kinshasa), Costa Rica, Croatia, Czech Republic.

D: Denmark.

E: Egypt, Estonia, Ethiopia.

F: Finland, France (Martinique, Guadeloupe, French Guiana and Reunion).

G: Georgia, Germany, Grenada.

H: Honduras.

I: Ireland, Israel, Italy.

J: Jamaica, Japan, Jordan.

K: Kazakhstan, Korea (South), Kosovo, Kyrgyzstan.

L: Latvia, Liberia, Lithuania, Luxembourg.

M: Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco.

N: Netherlands, New Zealand, Norway.

O: Oman.

P: Pakistan, Panama, Paraguay, Philliphines, Poland, Portugal.

R: Romania.

S: Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Surinam, Sweden, Switzerland.

T: Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey.

U: Ukraine, United Kingdom.

*The status of these countries is subject to change. Last updated January 2023.

**From 2023 onwards, E Visa applicants who are nationals of a treaty country through an investment program must have nationality status for at least 3 years before being eligible to apply.

Contact us today for your first consultation!

+ E-1 Visa. Import/Export company visa.

In order to qualify for an E-1 Visa, you must first be from a treaty country (a country with which the USA maintains a relevant treaty or international agreement) - see list of qualifying countries below.

You must also be the owner, or an employee (either an executive/supervisor, or someone with special qualifications essential to the company's efficient operation) of an international trade (import/export) company that:

is based in, or has a subsidiary or affiliate in the U.S.
is owned by a national of a treaty country. (If applying as an employee, you must be of the same nationality as the company's majority owner).
regularly trades with the treaty country of which you are a national.

Are you interested in an E-1 visa and want to know more? Keep reading...

Benefits of an E-1 Visa

E-1 Visas are beneficial for a number of reasons. They have a validity period of up to five years, depending on which country you’re from, and can be renewed infinitely, as long as you remain eligible and your country’s treaty with the U.S. remains valid.

As an E-1 Visa holder, you qualify to receive a Social Security Number, Driver’s License, and other benefits. Your spouse may also apply for a SSN and a Work Permit which allows them to apply for a job with any company in the country. As an E-1 Visa holder, your children may study in the U.S. as tax residents, which means their tuition fees will be the same as those of citizens and residents who live in their state – i.e., much less than what foreign students have to pay.

The E-1 Visa also has tax benefits, because it doesn’t necessarily require you to be in the U.S. full-time; this allows you to choose whether to file your taxes as a resident or non-resident, depending on how many days you spend in the country each year.

What Type of Business Can I Apply With?

The U.S. trade company you use to apply for your E-1 Visa (either as a business owner or employee) must carry out a "continuous flow" of trade with your treaty home country; this includes the importation and/or exportation of goods, transportation, and/or services. Furthermore, over 50% of the company's international trade volume must be between the United States and your home treaty country.

Applying for an E-1 Visa as a Trade Company Owner

You must own at least 50% or more of the eligible trade company and be of treaty nationality. You do not have to work full time for the trade company, which can be beneficial. If you do play an active role in the business (as an Executive or Manager), you may find that you qualify for an E-1 visa under two categories, which increases your chance of approval.

Applying for an E-1 Visa as an Executive or Supervisor

You must perform duties which give you ultimate control and responsibility for either a major component, or the entirety of the treaty enterprise’s overall operation. Whether or not you have shares in the business, you will not qualify as an owner unless you own 50% or more of the company.

Many E Visa Companies use this category as a way to transfer valuable employees (Executives or Supervisors) from a foreign subsidiary or affiliate company to the U.S., allowing them to hire someone with experience who is also familiar with their culture.

Applying for an E-1 Visa as a Specialized Qualification Employee

You must possess special skills or aptitudes that are essential to the trade company's efficient operation. This can be proven through demonstrating your expertise in a specific area, demonstrating the rarity of this expertise (in general and within the United States) and proving that one can command a high salary because of this expertise.

Note: knowledge of a foreign language or culture alone is not sufficient to meet this requirement, although it may be helpful.

Must I Submit a Business Plan?

E-1 Visa applicants must submit a detailed Business Plan as part of their application, with 5-year financial projections and a market study, among other things. If you are applying as an employee, your sponsoring company will provide this.

Should I Apply from Within or Outside of the U.S.?

If you are already in the U.S. with a valid status (ESTA waiver does not apply), such as a temporary business (B-1), tourist (B-2), or student (F-1/M-1) visa, you may apply for an E-1 visa through a Change of Status. This requires - and allows - you to remain in the U.S. throughout the E-1 application process. It can be beneficial for those in a rush to get their case approved, as USCIS provides the option of faster, Premium Processing (guaranteeing a response to your application within 15 days), but can only be granted for a maximum validity period of 2 years.

An approved Change of Status is valid in North America, but if you subsequently wish to travel internationally during your visa's validity period, you will need to schedule an appointment at the U.S. Embassy in your home country and attend an interview there before being allowed to re-enter the U.S. Therefore, if you are concerned with being able to travel freely, we usually recommend applying via consular process (see below).

E-1 Visa applicants via consular process (along with any accompanying family members) must attend an interview at the U.S. Embassy in their home country. The Applicant’s visa will be approved for up to 5 years and they will be eligible to apply for a social security number upon entering the U.S. The spouse of the E-1 Visa applicant may apply for a work permit upon entering the U.S. and their children may attend school.

Is There a Path to Residency (Green Card)?

After 1 year or more of working in the United States, certain E-1 Visa holders may qualify for U.S. Residency as a multinational executive or manager. This only applies if they have also owned, managed, or directed a subsidiary, affiliate, or parent company of the qualifying company.

E-1 Visa holders may also adjust status and become residents if they marry a U.S. citizen, have a U.S. Citizen child who is an adult, or qualify for an immigrant visa petition such as an EB-1, EB-2, EB-3, or EB-5. For more information about how you can become a resident (Green Card holder), please contact our office.

What Can I Expect from the E-1 Application Process with Azadi Law?

After you contract our legal services for your E-1 Visa application, we will provide you with a list of documents that we need from you in order to process your case. Once you provide us with this evidence, we will prepare and submit a detailed E-1 Visa application on your behalf. This will include a comprehensive business plan with 5-year projections, all necessary immigration forms, and an attorney's letter summarizing and arguing your case.

Your application will then be processed by the relevant authorities. If filing a Change of Status (from within the US), there is the option to pay an additional Premium Processing fee to USCIS which guarantees a response to your application within 15 days. Otherwise, you can expect to wait approximately 3-9 months with “regular” processing. Consular Processes (from abroad) generally take 1 to 4 months but can take longer, depending on which treaty country you are applying from. They are still generally faster than regular Change of Status processing.

For those applying via Consular Process, we will make sure you feel 100% confident and prepared for your interview at the U.S. Embassy in your home country. Your attorney will send you a copy of your file and a list of sample interview questions. He/she will then schedule a mock interview with you, in order to prepare you for the real thing.

Once your interview is over, the immigration officer will usually tell you there and then whether or not your visa is approved. If approved, your passport will be taken and returned to you a few days later with the visa inside of it. (There is no interview for an E-1 visa if you file for a Change of Status - see above).

Current E-1 Visa Treaty Countries:

A: Argentina, Australia, Austria.

B: Belgium, Bosnia and Herezegovina, Brunei.

C: Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia.

D: Denmark.

E: Estonia, Ethiopia.

F: Finland, France (Martinique, Guadeloupe, French Guiana and Reunion).

G: Germany, Greece.

H: Honduras.

I: Ireland, Israel, Italy.

J: Japan, Jordan.

K: Korea (South), Kosovo.

L: Latvia, Liberia, Luxembourg.

M: Macedonia, Mexico, Montenegro.

N: Netherlands, New Zealand, Norway.

O: Oman.

P: Pakistan, Paraguay, Philliphines, Poland, Portugal.

S: Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland.

T: Thailand, Togo, Turkey.

U: United Kingdom.

*The status of these countries is subject to change. Last updated January 2023.

**From 2023 onwards, E Visa applicants who are nationals of a treaty country through an investment program must have nationality status for at least 3 years before being eligible to apply.

Contact us today for your first consultation!

+ L-1 Visa. Transfer visa through a U.S. subsidiary or affiliate office.

In order to qualify for an L-1 Visa (often known as a “transfer visa”), you must be a business owner or key member of staff (manager, executive-level employee or specialized knowledge employee) of any nationality working in a company looking to expand its operations within the United States, or to the United States from abroad. This company will be the petitioner for your L-1 Visa, filing an application on your behalf. The petitioning company must want to transfer you to a newly established or existing subsidiary, affiliate, parent or branch office of the company based in the United States, and you must have been working for this company outside of the US for at least one continuous twelve-month period within the past three years.

Benefits of an L-1 Visa

L-1 Visas are beneficial for a number of reasons. Firstly, there are no nationality restrictions, meaning any passport holder is eligible for this Visa, including those who are not eligible for E-1and E-2 visas. There are also no limits to the number of employees within one company who can be issued an L-1 Visa, with blanket filing options available for companies petitioning multiple employees (see below for more information). Furthermore, there are economic benefits, as there is no minimum investment fee required to submit an L-1 Visa application. The only requirement is that the business outside the U.S. should continue operating even after the L-1 Visa holder has entered the U.S.

Eligibility for an L-1 Visa: Company

A petitioning company must fall into the category of a qualifying entity; examples of qualifying entities include corporations, religious organizations and non-profit organizations (including charities). It must be a sizeable enough company to have various tiers of employment, in order to establish executive and managerial roles (for L-1 A Visas); we recommend that the foreign company has at least six employees, although this isn’t absolutely required. The petitioning company must be either a parent company, subsidiary, branch or affiliate of a company that is actively doing business in the U.S. and at least one foreign country; simply having a physical office in the U.S. does not meet this requirement. The two companies (one being based in the U.S. and one being based abroad) do not have to be working within the same industry or providing the same goods/services to be eligible for an L-1 Visa.

Eligibility for an L-1 Visa: Executive or Manager

As an Executive or Manager applying for an L-1A Visa, employees must meet certain criteria. The employee must be supervising other high-level (degree-qualified) employees and/or a key function of the company that is shown to be essential to its success. In terms of their day to day work, an employee’s seniority must be demonstrated through managerial responsibilities and a lack of entry-level tasks. Sole business owners are eligible for an L-1A Visa but must establish employee status to meet the application requirements.

Eligibility for an L-1 Visa: Specialized Knowledge Worker

For an L-1B Specialized Knowledge Worker Visa, employees must meet increasingly high criteria to prove their skill set is unique and specialized enough to merit this, not only within the company setting (expert knowledge of the company’s products/services, procedures and systems, proprietary techniques, research, etc.) but within the entire industry. It is important to consider whether a U.S. worker could perform the same role as this employee, but also how long it might take to train somebody up to operate at the same level as this employee and how much this would cost.

Blanket L-1 Visa

Where a qualifying international company has the need for multiple foreign national employees to come over and work in one of their U.S. offices, they may wish to file a “Blanket L” petition with the United States Citizenship and Immigration Services (USCIS). This facilitates a quicker transfer of qualifying employees - although individual applications are still required - and acts as continuing evidence of the company’s qualifying status to make such petitions. This can the reduce time, cost and risk of subsequent L-1 applications. Contact us for more information about this option.

Validity Period

Overseas employees who qualify for an L-1A Visa will initially be granted a visa for up to three years, extendable in two-year increments, for a maximum of seven years, when the petitioning company is already established and operating. When the petitioning company is a new office that has been operating within the U.S. for less than a year, qualifying employees will be granted an L-1 Visa for one year which can be extended in two-year increments, for a maximum of seven years.

Specialized Knowledge Staff are initially granted an L-1B visa for three years, extendable to a maximum of five years. Once this maximum period is reached, the employee must be employed outside of the U.S. for at least one year before being able to make a new application for L visa status.

Please note: If an employee has previously worked in the US under an H visa, that time may be deducted from the maximum allowed period.

Residency (Green Card)

For an L-1A Visa holder, there is a direct path to a Green Card as an international manager/executive (EB-1C). After transferring to the U.S., an L-1A Visa holder will spend at least one year building their credibility to prove they are indispensable in their role within the U.S. company, before applying for permanent resident status.

There is also a path to a Green Card for L-1 B Visa holders, although this is often a longer, more complicated process, as it requires proof of thorough exploration of the U.S. labor market to eliminate all possibilities of a U.S. worker being able to carry out the same role as the Green Card Applicant (Specialized Employee). This employment-based immigrant visa process is known as a Labor Certification (EB-2 or EB-3).

Application Process

*You should hire a qualified immigration attorney before beginning this process. It is essential that every step of the process is carried out and documented correctly.

In all cases (L-1A, L-1B and Blanket L1 Visa applications), a multinational company, having either recently set up an office or with a pre-existing office in the U.S., will make a petition to USCIS to transfer a qualifying employee. Our attorneys here at Azadi Law are happy to help you with the initial setting up of a new, U.S.-based branch of your company, if you so require. Contact our office today to discuss this option.

Amongst other items, an L-1 petition must include a detailed Business Plan for the company requesting an employee transfer, with 5 years of projections. Your immigration attorney, a qualified accountant (CPA) or a business consultant can help you to prepare this. Upon receiving a complete L-1 petition, USCIS will review it and ultimately issue a decision.

Once your application is approved, you will be required to attend a visa interview at a foreign U.S. embassy, if you’re applying from abroad. However, this doesn’t apply to you if you’re applying from within the U.S. because the L-1 Visa Approval Notice will serve as proof of your legal status, as long as you remain in the country.

Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and a list of sample interview questions. They will then schedule a mock interview with you, in order to prepare you for your real L-1 Visa Interview. Once your interview is over, the immigration officer will usually tell you there and then whether or not your visa is approved. If approved, your passport will be taken and returned to you a few days later with the visa inside of it.

Any further questions? Don’t hesitate to get in touch with us, we’ll be happy to help!

With exceptional knowledge and expert insight into US visa application protocol, Azadi Law P.A. provides multinational businesses, employers and employees with all of the legal services, advice and support they require when applying for an L-1 Visa. Contact us today for your first consultation!

+ EB-5 Visa. Residency via investment of $800,000 or more.

The EB-5 Immigrant Investor Program provides permanent U.S. residency to foreign nationals who invest a minimum of $800,000 capital in government-approved projects across the United States.

Successful applicants first receive a conditional, 2-year Green Card, followed by a 10-year Green Card.

To be eligible for an EB-5 Visa, investors must have:

no prior criminal record
access to lawfully acquired investment funds of $800,000 minimum.

There are no passport or nationality restrictions for the EB-5 Immigrant Investor Program - EB-5 investors can hold any passport or nationality in the world.

The EB-5 Immigrant Investor Program (sometimes known as the U.S. “Golden Visa”) was created by Congress in 1990, to stimulate the U.S. economy through job creation and capital investment by foreign investors.

What are the Investment Requirements for an EB-5 Visa?

Monetary Value: the current minimum capital investment for an EB-5 visa is $800,000 if the EB-5 project takes place within a Targeted Employment Area (TEA), classified as either a high unemployment area (unemployment rate of 150%< of the national average) or a rural area (not within/on the outer boundary of a large town or city).

Note: the average national unemployment rate in the United States is very low. This means you may be surprised by which areas count as TEAs. For example, within the past 10 years, Miami Beach has qualified under this classification, and currently other areas within South Florida feature on the list. If you have any questions regarding your proposed project’s location (within a TEA or not), Mr Azadi will be happy to assist you.

If the investment project is outside of a Targeted Employment Area, the minimum capital investment is $1,050,000.

Note: capital investment refers not just to money, but also to cash equivalents, equipment, inventory, other tangible property and indebtedness secured by assets owned by immigrant investors.

Whatever the sum, EB-5 applicants must provide proof that the entirety of their investment funds have been lawfully acquired, and that the money invested is “at-risk”, meaning there is no guarantee of capital return.

Job Creation: to qualify for EB-5 status, a TEA investment must result in the direct or indirect creation of at least 10 full-time U.S. jobs (35 hours per week or more). An example of indirect job creation is when an EB-5 investor invests in one commercial enterprise, but the jobs created are in other companies – for example, the creation of supply chain jobs as a result of an EB-5 investment.

On the other hand, non-TEA investments must result in the direct creation of at least 10 full-time U.S. jobs for at least two years (and the investor must have a direct role within the company).

How Azadi Law Can Help

When it comes to EB-5 Visa applications, an experienced attorney with real-world business expertise is an invaluable asset. Azadi Law’s managing partner - Calvin Azadi, Esquire – has just that, with a bachelor’s degree in Business Management and experience managing a successful South Florida business before attending law school.

Mr Azadi’s expert knowledge and hands-on approach means he will work hand-in-hand with you through key stages of the EB-5 visa application process, including:

creation of a business entity (if applicable)
drafting of corporate documents, i.e., operating agreements, share/membership/stock certificates, etc. (if applicable)
answering business plan questionnaires (if applicable)
reviewing business plans and making adjustments, to specifically cater to immigration requirements (if applicable)

Direct Investment or Regional Center

EB-5 investment projects fall into two categories:

Direct Investment
Regional Center

Direct Investment

You must:

Make a capital investment of at least $800,000 (in TEA) or $1,050,000 (outside of TEA).
Play a direct and active role in the business, as the investor.
Directly create at least 10 full-time jobs for U.S. workers (those with employment authorization in the USA), for at least two years.
Live near the enterprise you invest in, to be able to prove your active role within the company.
Create your own company (or invest in an existing, for-profit company created after 1990).

FAQs for Direct Investment EB-5 Visa Projects

Can I invest in a pre-existing franchise or business?

Yes. Purchasing locations of an existing franchise, for example, is perfectly acceptable.

Do I have to own 100% of the company I invest in?

No. You can have various business partners, and even be a minority shareholder. However, remember that your investment must directly lead to the creation of at least 10 jobs; this will influence the overall size of the project.

Can I invest in a family member’s existing business?

Yes. There is no problem with this, as long as the money used for your investment is completely separate to your family member’s money.

Can I start a venture together with a fellow EB-5 investor, as partners?

Yes. However, for an EB-5 Direct Investment, there can only be up to two EB-5 foreign investor partners in your business. Any more than that is not permitted.

Regional Center

You must:

Make a capital investment of at least $800,000 (in TEA) or $1,050,000 (outside of TEA).
Directly or indirectly create at least 10 full-time jobs for U.S. workers (those with employment authorization in the USA), for at least two years.
Invest through an USCIS-approved Regional Center.

Note: We will make sure to do due diligence to ensure the project you invest in is viable - this is not guaranteed, just because the project meets USCIS requirements.

You do not have to:

Play an active role in the company – you are simply an investor.
Live close to the project location – you can live wherever you wish within the United States.

What Kind of Investment Projects Work Best?

All EB-5 investment projects must meet USCIS requirements - for example, the company must be “for-profit” and have been created after 1990. Most EB-5 projects are new entities (although there is the option to invest in an existing company/enterprise that fulfills all necessary criteria).

Many EB-5 investment projects, particularly through a Regional Center, are commercial real estate based. Examples of such projects include purchasing and developing land, purchasing commercial property (hotels, offices, etc.) and managing it through employees, or purchasing and renovating commercial property to manage it through a property management company.

Other similarly popular options include restaurants, wholesale and retail trade businesses, and car dealerships/washes, for the same reasons - these fields lend themselves particularly well to EB-5 visa requirements.

What Are My Chances of Being Successful?

As there are various contributing factors to the success of an EB-5 case, this can be hard to accurately predict. However, according to official USCIS statistics, the average approval rate for Temporary Permanent Residence (2-year Green Card) EB-5 Applications between January 2019 and December 2022 was 90.3%.

For exact case approvals per Continent in 2022, please refer to pages 15-21 of this document.

Benefits of an EB-5 Visa

A successful EB-5 investor will get:

access to the U.S. education system.
the right to live, retire, work, and study in the United States.
legal permanent residency for themselves, their spouse and any minor children under the age of 21 (dependents).
the ability to travel freely in and out of the U.S.
access to U.S. in-state college tuition rates.
the possibility of return on their investment, with interest, upon the completion of their chosen project.

Successful applicants will first be awarded a conditional Green Card, valid for 2 years. After 2 years, one can then apply for a “removal of conditions” to get a permanent, 10-year Green Card. After a total of five years of permanent residency, one can apply for U.S. Citizenship (Naturalization).

Extra Factors to Consider

The United States only issues 10,000 EB-5 Investment Visas per year, which includes visas issued to eligible family members of investors.
EB-5 Investors must live in the United States for at least 6 months of every year.
To obtain a Green Card through the EB-5 Immigrant Investor Program, you will need to pass a medical examination with various vaccination requirements.
All foreign language documents included in your application must be translated into English.
Being able to demonstrate the source of your investment funds is fundamental to the EB-5 application process; having an experienced attorney who can help you with this is key.

EB-5 Visa Application Process

1. Make a qualifying investment.

Note: If this is an investment in another company, the Manager or Managing Partner of that company must accept your investment, take the funds and deposit them in an escrow account.

2. Submit your EB-5 petition to USCIS, providing proof of:

• your lawfully acquired investment of at least the minimum investment amount.

• a solid and credible business plan (if applicable).

• your investment leading to 10 new, U.S., full-time jobs.

• your investment being “at-risk”.

3. Apply for your Conditional (2-Year) Green Card.

It is now possible to file your Conditional Green Card application jointly with your EB-5 petition, if you are present in the United States (filing an adjustment of status).

If you are filing your EB-5 petition from abroad (at a National Visa Center), you must wait for USCIS to process and approve your petition before applying for your Conditional Green Card.

Note: Premium Processing is not currently available for the EB-5 Immigrant Investor Program. However, if you can prove that it is essential for your petition to be expedited (due to a humanitarian or national interest, an emergency or Department of Defense issue, or severe financial loss that will be caused by a delayed decision), you may be able to achieve a quicker processing of your application.

4. Three months before your Conditional Green Card expires, apply for a Removal of Conditions to obtain a 10-year Green Card.

Demonstrate proof that your investment has complied with all USCIS regulations related to the EB-5 Immigrant Investor Program over the past two years, and continues to do so.

A permanent (10-Year) Green Card can be renewed an unlimited number of times, allowing investors (and their dependents) to remain living and working in the United States for as long as they wish.

5. 5 years after first receiving your Conditional Green Card, you may undergo naturalization to become a U.S. citizen.

+ EB-1 C Visa. Residency for multinational managers or executives.

EB-1 Visas provide a pathway to permanent residency in the U.S. for qualified foreign professionals who fall into the category of “priority workers”. There are 40,000 Visas available annually under this category.

The EB-1C Visa is for Multinational Managers or Executives being hired by a U.S. company to work in a managerial or executive capacity. EB-1C Visas are often a next step for L-1 Visa holders, but they can also be applied for directly.

Are you interested in an EB-1C Visa and want to know more? Keep reading…

Benefits of an EB-1C Visa

An EB-1C Visa is extremely beneficial in the sense that it provides a direct pathway to Legal Permanent Residency (a Green Card) through an adjustment of status. This is usually the case, as long as the Visa holder is shown to be of good moral character, has a clear criminal record (although past offenses can sometimes be pardoned through other processes) and doesn’t pose a national security threat.

Another significant advantage of an EB-1C Visa is the lack of labor certification requirement, compared to other Visas; obtaining a labor certification through the PERM process can be both expensive and time-consuming.

EB-1C Visa applicants are also permitted to apply for other visas under different categories in parallel to their EB-1C applications, while this is pending.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) may be eligible to apply for an E-14 or E-15 immigrant Visa to accompany the EB-1 Visa holder.

EB-1C or EB1-3 Visa

Are you an L-1 Visa holder or a multinational executive or manager working in the United States?

Are you interested in becoming a legal permanent U.S. resident and continuing to work in said managerial or executive capacity?

Have you been employed abroad by the same corporation as the U.S. company you are currently working for during the past three years, for at least a 12-month period?

Do you have proof of the above, in the form of a letter from your petitioning U.S. employer detailing the nature and time span of your employment with the relevant international corporation?

Has the U.S. branch of the company that is employing you been doing business for at least one year?

You may qualify for an EB-1C Visa.

To be considered an Executive or Manager, one must meet certain criteria; the applicant must supervise other high-level (degree-qualified) employees and/or a key function of the company in their day to day work. The applicant’s seniority and authority must be demonstrated through managerial responsibilities and tasks such as establishing policies and goals and hiring and termination.

EB-1C Visas can also be obtained by certain eligible business owners, if they are able to establish employee status. Contact us for more information about this option.

Application Process

*In all cases, for an EB-1 C visa application, you should hire a qualified immigration attorney before beginning this process. It is essential that every step of the process is carried out and documented correctly.

1) Check if you meet the requirements for an EB-1 C Visa.

2) Collect and submit supporting documentation (proof) of this to your employer and/or immigration attorney.

3) In the case of an employer-sponsored application, a U.S. employer will petition your EB-1 Visa by filing a USCIS Form I-140, submitting evidence, a copy of your employment contract, and an explanation of the time scale and nature of the work you are being hired to carry out. The petitioning employer must also be able to demonstrate a continuing ability to pay the wage stated in your employment contract.

4) Applying for an EB-1 visa is possible through consular processing, from abroad, or through an adjustment of status from within the U.S.

In the case of consular processing, an interview will be scheduled at a foreign U.S. Embassy, which you will need to attend. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and a list of sample interview questions. They will then schedule a mock interview with you, in order to prepare you for your real EB-1 Visa Interview.

This step is not necessary if you are filing a change of status from inside the U.S., which is usually recommended if you are in a rush and do not need to travel outside of the United States during the estimated visa processing time.