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Being a foreign entrepreneur or business owner, you may want to create or invest in a business in the United States. However, in order to do so, you will need a sound business plan and the appropriate investor visa. Our U.S. visa lawyers can help you to determine which type of visa will best suit your needs, depending on the type of business you are interested in starting or investing in.
Non-Immigrant E-2 Investor Visa
If you’re looking to start or invest in a business in America, the E-2 visa may be one of the most effective options. This visa allows someone to move to the U.S. for the purpose of opening and operating a business or actively investing in one. It is a non-immigrant visa that requires a “substantial investment” in an existing enterprise or in a new company. There is no set amount of money that must be invested, but it needs to be “substantial” and enough to make the business plan work. In addition to a substantial investment, the entity must be owned with a majority of its shares held by nationals of a “treaty country”, as this visa is only available to nationals of a country that has a trade/investment treaty with the U.S.
The spouse and single children who are younger than 21 years of age may also be granted an E-2 visa as well as an independent work authorization card (EAD). An E-2 visa may be renewed indefinitely and in certain situations may lead to a petition for Legal Permanent Resident status.
EB-5 Immigrant Investor Visa
There is also an Immigrant Investor Visa known as an EB-5. This is a visa petition that grants the investor Legal Permanent US Residency on a conditional basis. It requires in most cases, an investment of 1 million dollars in an entity (business) and the creation of 10 new full time and permanent jobs for U.S. workers as a result of this investment, within 2 years of the granting of the visa.
L-1 Visa for Intra-Company Transfers
The L-1 visa is a non-immigrant visa for Executives and Managers of a multi-national company. The U.S. company (parent or subsidiary) may be either an existing entity or a newly formed company. To be eligible for the L-1A visa and be able to be transferred to a company within the U.S., the executive or manager has to have been employed by an affiliated company (parent, subsidiary, or partner) outside of the Unite States, for one of the last three years. The spouse and single children of L-1 visa holders who are under 21 years old may be issued L visas as well and they can obtain permission to work independently in the United States.
While the L-1 visa is a non-immigrant visa, it is a dual intent visa and it has an immigrant visa counterpart known as the EB-1, through which the L-1 visas holder and qualifying family members can obtain U.S. Legal Permanent Residency.
Contact an Experienced Immigration Lawyer Today
Ultimately, immigration is a complex area of the law and our attorneys and legal team is highly experienced successfully processing U.S. investment visas. We can assist you to determine which visa is best for your business needs. We know how to analyze your business plan, and advice how to prepare the necessary and proper documentation for your visa petition. To schedule a consultation with one of our Boston immigration attorneys to learn more about how we can help you with your U.S. investment immigration goals, call (617)303-2600 today. We serve Boston, Cambridge, Quincy, Malden, Somerville, Everett, Malden, Revere, East Boston, Jamaica Plain, Brookline, Waltham, Framingham, and all of the surrounding communities in Massachusetts.
