Investment-Based Visas

  • An E-1 Visa is known as a “Treaty Trader” visa. The general qualifications necessary to obtain an E-1 visa include:

    • Be a national of a country that has a trade treaty with the U.S.;

    • Carry on “substantial trade,” which can include goods, services, banking, transportation, technology, etc.;

    • Maintain a “continuous flow of sizable trade items,” but no minimum monetary value is required;

    • Carry on “principal trade” between the U.S. and home country (e.g., if you are a Mexican citizen, over 50% of your international trade is between the U.S. and Mexico).

    • The initial E-1 Visa may be granted for up to two years, and the visa holder may apply for unlimited extensions in two-year increments.

    • Spouse and unmarried children under 21 are eligible for E-1 dependent status, and the spouse may also obtain U.S. employment authorization (work permit).

  • An E-2 Visa is known as a “Treaty Investor” visa. These visas are reserved for persons who seek to enter the U.S. “solely to develop and direct the investment enterprise.” General qualifications necessary are:

    • Be a national of a country with which the US maintains a treaty of commerce and navigation;

    • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.; and

    • Seek to enter the US to develop and direct the investment enterprise (shown by at least 50% ownership of the enterprise or possession of operational control through a managerial or executive position).

EB-5 Investors Visa:

There are two EB-5 programs: the Individual Investor route and the Regional Investment Center (RIC) program.

To qualify under the Individual Investor program, the applicant must meet the following basic requirements:

  • Investment of at least $1,050,000 (or $800,000 in certain cases) into the business;

  • Creation of employment for at least 10 full-time U.S. workers;

The Regional Investment Center program is ideal for the investor who does not wish to actively operate a business in the U.S. USCIS has a list of Approved Regional Centers which are part of the program.

  • An EB-5 regional center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation, increased domestic capital investment, and requires formal regional center designation by USCIS.