What is an E-Visa?

The E category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the immigrant’s country of citizenship.

• Treaty traders carry on substantial trade in goods, including but not limited to services and technology, principally between the United States and the foreign country of which they are citizens or nationals.  
• Treaty investors direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money.

  See http://www.uscis.gov/uscis-tags/unassigned/e-visas                                               

What is the Investor Visa?

An E-2 Visa (“Investor Visa”) allows an individual to enter and work inside the United States based on an investment s/he will be controlling, while inside the United States.

What type of investment is required?

The investment must be “substantial.”  In other words, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business and the investment will not be considered substantial if it is not large enough to capitalize the venture. The United States Citizenship and Immigration Services (USCIS) uses an “Inverted Sliding Scale” to determine whether the investment is substantial in proportion to the overall cost of the venture.

Who qualifies?

Investor visas are available only to citizens of treaty countries. 

See http://travel.state.gov/content/visas/english/fees/treaty.html for the full list of countries for the full list of countries.

For how long is it good?

Qualified treaty investors and employees will be allowed a maximum initial stay of 2 years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.  All E-2 nonimmigrants must maintain an intention to depart the United States when their status expires or is terminated

Can I bring my family with me under an E-2 visa?

Spouses and unmarried children under 21 years of age may receive derivative E-2 visas in order to accompany the principal alien. However, the duration of visa for a family member who is of a different nationality to the principal is determined by any reciprocal agreements between their country of nationality and the US. Only if there is no such reciprocal agreement will the duration be the same as the principal applicant.

Can my family members work in the US if I have an E-2 visa?

Dependents may seek employment in the US by applying for employment authorization. Children under 21 cannot apply for work; only the spouse of the E-2 holder can.

How much does the E-2 visa cost?

Each visa applicant must pay a nonrefundable $205 visa application fee. Certain countries also require a visa issuance reciprocity fee.  These fees are subject to change intermittently, please seehttp://travel.state.gov/content/visas/english/fees/fees-visa-services.html for up to date information.

What is required?

•  Online Nonimmigrant Visa Electronic Application, Form DS-160.
•  Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E.
•  A passport valid for travel to the United States and with a validity date at least 6 months beyond the applicant’s intended period of stay in the United States.  
• One 2 by 2 inch photograph.
• All male nonimmigrant visa applicants between the ages of 16 and 45 must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).
• An interview at the embassy consular section is required for almost all visa applicants

What is the EB-5 Visa?

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.  Since the program began, certain EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise: 

• Established after Nov. 29, 2009 or
• Established on or before Nov. 29, 1990, that is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

• A sole proprietorship
• Partnership (whether limited or general)
• Holding company
• Joint venture Corporation
• Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements    

•  Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
• Create or preserve either direct or indirect jobs:

1. Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
2. Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center

Note: Investors may only be credited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss.

Capital Investment Requirements

Please Note: Investment capital cannot be borrowed.

Required minimum investments are:

•      General: The minimum qualifying investment in the United States is $1 million
•     Targeted Employment Area:  The minimum qualifying investment is $500,000

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

What is required?

1. Online filing of Form I-526, Petition by Alien Entrepreneur.
2. Upon approval of Form I-526 petition, either:

• Filing of Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
• Filing of DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.

Upon the approval of the I-485 application or upon entry into the United States with an EB-5 visa, the investor and derivative family members will be granted conditional permanent residence for a two-year period.

What are the filing fees involved?

1. Each visa applicant must pay $1,500 for the filing of Form I-526, Petition by Alien Entrepreneur. 
2. In order to file Form I-485, Application to Register Permanent Residence or Adjust Status, the applicant pays $985 plus $85 biometric form fee. 
3. To adjust status each visa applicant must pay $3,750 to file Form I-829 petition, plus $85 biometric filing fee 

EB-5 Dependents

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period.  If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status.  As lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.

If you are interested in obtaining an E-visa, please contact us so that we may guide you through the process.  We have experienced lawyers, and other business advisors, who will be able to provide business and legal advisory services so that your application for the right E visa is approved.