Commercial Investment Visas Overview

For foreign investors, the US offers investor immigration options with Visa programs. EB-5, E-2 and L-1 programs provide dual benefits: equity in US commercial enterprises as well as new residency opportunities. See a brief overview of these programs below:

Direct EB-5 investment requires an investor to invest in a new business, or purchase an existing business, and create 10 direct and full-time jobs for U.S. workers as a result of this investment.  The minimum investment is $500,000 if the principal place of business is located in a Targeted Employment Area (TEA), or $1 million if not located in a TEA.

For a direct investment case, at the time of I-526 filing, the investor needs to submit a detailed business plan to USCIS and explain how 10 full-time positions will be created by the business.  When the I-829 petition is submitted to remove the conditions of the conditional green card, the investor needs to submit tax and payroll records to show that 10 full-time positions have been created.  Essentially, the investor has 2.5 years from the date of I-526 approval to create 10 jobs.

Direct EB-5 investment also allows pooled investment. For example, if 5 investors want to invest in a 2.5 million business, located in a TEA, each investor would invest $500,000 into the business, and that business will need to create at least 50 full-time positions.

The L-1 nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. 

The E2 Treaty Investor visa allows the investor to live and work in the US to direct and develop the business.  In larger businesses management and executive level employees may be sent to the US instead of the owners of the business. Employees that are also nationals of the same E2 visa Country as the investor may also qualify for an E2 visa.

The investment necessary to qualify for E2 Treaty Investor status varies and there is no set minimum.

We Hope This Brief Overview Was Helpful

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This brief explanation and information should not be considered legal advice or an offering. All information contained within should not be acted on by any interested parties without first obtaining legal advice.