E-2 Treaty Investor Visa
Only available to citizen-nationals of an E-2 Treaty Country, this 2 to 5-year nonimmigrant work visa is petitioned before the U.S. Consulate in your respective home country. Requirements include making a substantial investment into a new or existing U.S. business, owning at least 50% of the ownership and control of the U.S. business, proving that the U.S. business is not marginal for your living needs. In other words, the business must provide the petitioner with more than enough profits to live comfortably. The beauty of this visa is that there are no minimum capital requirements since the minimum investment requirement is based on the type of business you are establishing or buying. Jose Villafana in partnership with The Santos Firm PLLC can help turn your entrepreneurial or investor-driven ambitions into a temporary work visa to the U.S.
L-1a Intra-company Transferee Executive or Manager Visa
This nonimmigrant visa permits a foreign national for almost any country to transfer from his/her foreign company either (1) to commence work at the U.S. branch of the company in an executive or managerial capacity or (2) to travel to the U.S. with the purpose of establishing a U.S. branch, affiliate, subsidiary or parent of the foreign company. This visa requires that the U.S Citizenship and Immigration Service (USCIS) grant approval of the executive/manager's petition before submitted to the respective U.S. Consulate for an interview. Although this petition does not place an emphasis on a minimum required of investment capital, it does have an extensive renewal process: "Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years (from USCIS website)."
EB-5 Immigrant Investor Program
The only immigrant visa with a pathway to permanent residency, an EB-5 Investor must invest in a commercial enterprise a required amount of capital in order to create or maintain at least 10 full-time positions for employees. Investors have the option of creating their own commercial enterprise OR in investing in a regional center which can directly/indirectly create the 10 full time jobs.
The required minimum investments are: (A) $1 million for any areas considered metropolitan or having low unemployment; or (B) $500,000 for any area having high unemployment or a rural zone (population less than 20,000 people). Furthermore, an investor’s capital cannot be borrowed or a part of a loan.