Investor Visas
If you live outside of the United States but have business goals within the country, you may be eligible to apply for an Investor Visa. At Lozano Law Firm, we help clients by providing guidance and solutions regarding business immigration. We have offices in three Texas cities: San Antonio, San Angelo, and Eagle Pass.
Several types of Investor Visas are available for eligible treaty traders and treaty investors.
Treaty Traders & Treaty Investors Defined
Investor Visas allow foreign nationals from countries that have treaties of commerce and navigation with the U.S. to visit or immigrate here to trade goods and invest in U.S. companies. The type of visa you apply for to enter the U.S. depends on what kind of business and residence goals you have.
Treaty traders and investors with Visas can:
• Vote and fully participate in Government, including running for federal, state, and local offices
• Apply for jobs that are only open to U.S. citizens
• Travel with the benefits and security of a U.S. passport
• Bring over family members into the U.S. more quickly than a lawful permanent resident (LPR) can
• Most likely have children, even when born abroad, who will be U.S. citizens under the Child Citizenship Act or through derivative citizenship
Nonimmigrant Investor Visas
U.S. Citizenship and Immigration Services (USCIS) grants E-1 and E-2 Visas to nonimmigrant applicants who wish to visit the country to accomplish business goals. These Visas allow temporary residence.
Immigrant Investor Visas
A foreign national receives an EB-5 Visa as an immigrant investor to invest in a U.S. company and live in the U.S.A. permanently.
E-1 Visa For Treaty Traders
E-1 Investor Visas allow foreign nationals to visit the U.S. to conduct international trade of money, goods and services, and technology. To qualify as a treaty trader and receive an E-1 Visa, you must satisfy the following conditions:
• Substantial trade: Significant trade must exist between the U.S. and your country of origin. A “substantial” trade includes many ongoing transactions.
• Principal trade: Immigration law considers trade “principal trade” when the U.S. accounts for 50% or more of your home country’s international trade.
E-1 Visa holders visit the U.S. temporarily but may pursue permanent residence through other programs.
E-2 Visa For Treaty Investors
Foreign nationals who invest in, purchase, or start a U.S. business enter the U.S. using E-2 Visas. The E-2 Visa also allows the employees of these companies to visit the U.S. These Visas last up to two years but can be renewed for an additional two years for an unlimited number of times.
If you wish to visit the U.S. with an E-2 Visa, you must meet these qualifications:
• Citizenship: You must be a citizen of your country of origin.
• Substantial investment: Your investment into the U.S. business must be “substantial.” Immigration law outlines no minimum investment amount, only that it must not be marginal.
• Ownership: You must own at least 50% of the business or have provable control over company operations in a managerial role.
• Risk: You must prove that your investment includes risk. If the businesses failed, you would lose much or all of your investment.
Like E-1, E-2 Visa holders may remain in the U.S. temporarily but may apply for permanent residence through other programs.
EB-5 Investor Visa
EB-5 Investor Visas allow foreign nationals to live in the U.S. to invest in, purchase, or create U.S. businesses that protect or create job opportunities. To qualify for an EB-5 Green Card, you must meet the following conditions:
• Economic benefit: You must demonstrate the use that your investment brings to the U.S. economy.
• Job Creation: Your investment must create at least 10 new full-time jobs in the U.S.
• Minimum Investment: The investment must be at least $1.8 million or at least $900,000 for a business located within a Targeted Employment Area (TEA) designated by the U.S. government.
Frequently Asked Questions About Investor Visas
What Countries Have A Treaty With The United States?
All Investor Visas require the foreign national’s country of origin to have a treaty of commerce and navigation with the U.S. These countries include:
Argentina
Australia
Canada
Columbia
Japan
Mexico
South Korea
Taiwan
Can My Family Come With Me?
You can include your spouse and dependent children in your investor visa application to bring them with you to the U.S. If your spouse wants to work while in the U.S., they can also apply for work authorization. Foreign nationals bringing their spouses must provide USCIS with marriage certificates.
Can I Get A Green Card If I Already Have An E-2 Visa?
If you already have an E-2 Visa but want to live in the U.S. permanently, you can adjust your status via the EB-5 or EB1(c) programs. You’ll need to talk to an immigration lawyer to learn more about the steps you must take for an adjustment of status.
Trust A Lozano Law Firm Lawyer In Texas For Immigration Assistance
Do you need assistance with your Investor Visa application or current Visa? Before you search “immigration lawyer near me,” allow our team at The Lozano Law Firm in San Antonio, TX, to help. As a Board-Certified Specialist in Immigration Law, attorney Alfredo Lozano has the expertise and experience to find the immigration solution you need.