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Types of Investor Visas Immigration Frequently Asked Questions
We strive to help clients from all parts of the world find, analyze, and determine the best investments for them and their family. We are licensed to provide both legal and business advice and consultations to our esteemed clients.
Below are some of the frequently asked questions about the investor visas available and what revolves around them.
What Investor Visa Options Does One Have?
There are four viable options open to prospective investors detailed by the United States immigration laws. There is the E-2 visa option that is only available to U.S treaty countries. The L-1 option is set for non-immigrants who need to get to the U.S. faster but are not permitted permanent residency. There are also the individual and regional EB-5 visa options in which one attains permanent residency via investment and green card options.
Who Qualifies For The E-2 Visa?
An investor must possess the legal citizenship of a treaty country. If you are a citizen of one of the countries holding a treaty of trade and commerce with the United States, then you have one basic requirement in the qualification of an E-2 visa.
What Is the Minimum Investment Required For A Treaty Investor Status?
There currently is no minimum mark to the amount one is required to invest. However, investments of less than $100,000 to $150,000 are often faced with strict scrutiny. Overall, the larger the investment amount then the greater the credibility of one’s application.
For small enterprises, one is expected to have the invested the majority of buying price in liquid money.
What Other Factors Determine The Visa Approval Apart From The Investment?
Apart from the investment amount, the profitability of the business and its ability to employ United States residents is a winning factor. The business should be in a position to sustain both you and your family. For startup enterprises, one must be able to present a project showing and convincing the business’ likelihood to thrive.
Does One Have To Find A Business Before Filing For The Visa Application?
Yes. This specific investor visa application solely depends on the specific business you are investing in. In the case where one depends on an already established business, the business has to be identified prior to visa application and also a purchase contract signed. Your attorney will always advise you to have a clause in the purchase contract stating that the business purchase is subject to obtaining a visa.
What Kind Of Business Qualifies?
All businesses are legible to qualify for the program. However, the business must prove its ability to sustain your family, generate more than enough income, and create employment for U.S. citizens.
What Are The Chances Of Success?
The chances of successful application and acceptance of the visa will depend highly on the selection of the business and the accurate preparation of the application. Nonetheless, there is no guarantee of the successful result of an application. An expert-prepared application and guidance will definitely improve the likelihood of success.
Have an attorney walk with you through the journey.
Are Children Covered Under The E-2 Visa?
Yes. Children under the age of 21 can be recipients of the benefits of the E-2 visa. After attaining the age of 21, they have to change to independent status in order to remain legally in the United States.
Who Chooses The EB-5 Investor Visa Program?
This particular visa program allows foreign investors to obtain green cards and become permanent residents in the United States.
What Are The E-5 Investment Guidelines?
One is required to cash in a total investment of $1000000, but ideally one can cash $500000 for an already running business in a targeted employment area. The investment must create jobs and sustain ten full time working United States citizens and immigrants licensed with a work permit. One may invest directly or indirectly via the Regional centers provided the criterion set is met.
Are Family Members Eligible To Be Covered Under The EB-5 Visa?
A spouse married at the time the investor was granted the EB-5 visa is eligible to receive the benefits under the visa. Also, children below the age of 21 are permitted to accompany the sponsor into the United States until the child turns 21.
Can One Get A Loan To Finance The Investment?
For both E-2 and EB-5 visas, one is allowed to borrow funds for friends or relatives and even from a property. However, the loan should not be retrieved from the business’ assets whatsoever. Talk to your attorney to guide you on what to risk and what not to risk.
During application of the investor based visa, it is advisable to have the professional guidance on the best option for your case and one that suits you and your family’s needs. The success rate of the application highly depends on the quality you invest in an application.