Investor Visa Lawyer

NYC INVESTOR VISA ATTORNEYS WITH 50 YEARS OF LEGAL EXPERIENCE

With 50+ years of immigration experience, our knowledgeable attorneys at Spar & Bernstein have helped thousands of foreign investors who have contributed to the country’s economic growth to come to the United States and realize their entrepreneurial American dream.

WHY HIRE SPAR & BERNSTEIN TO HELP YOU WITH YOUR INVESTOR VISA?

If you are planning to come to the U.S. as a foreign investor, our lawyers will guide you through the complex process of obtaining an EB-5 visa or an E-2 visa. We will help you compile and file your investor petition along with all supporting documents, represent you and help you prepare for your interview. 

WHAT IS AN INVESTOR VISA?

An investor visa allows you to come to the U.S. and create your business or invest in a project, while contributing to economic growth in the U.S. through capital investment and job creation.

INVESTOR VISA CATEGORIES

There are different investor visa categories, the most popular of which are the EB-5 Immigrant Investor Program and the E-2 Treaty Investor Visa:

EB-5 Immigrant Investor Program

The EB-5 program is an immigrant visa which allows the investor, their spouse and unmarried children under 21 to apply for lawful permanent residence (obtain a green card).

The investor must make the necessary investment in a commercial enterprise in the U.S. and create 10 full time jobs for qualified U.S. workers.

The investor can invest through two ways, either via direct investment also known as entrepreneurial project or invest in a project through a USCIS-designated regional center.

EB-5 serves as a path to permanent resident status for an initial conditional period of two years. Once the two-year period expires, you must submit a petition to remove the conditions on your Green Card.

To do so, you must demonstrate that you invested or was actively in the process of investing the required amount of capital, that you sustained your investment throughout the period of conditional permanent residence and that your investment has created and can be expected to create 10 full-time jobs for qualifying employees.

E-2 Treaty Investor Visa

The E-2 visa is a nonimmigrant visa that allows you to set up your business and live in the U.S. Your country of citizenship must have bilateral investment treaties with the U.S. in order to be eligible for a E-2 visa.

The regulations for the E-2 investor visa do not include a required minimum investment amount, it is a proportionality test which depends on the industry of your business, the location, business plan, etc.

The E-2 visa validity period depends on the reciprocity schedule of your country of citizenship and varies from two to five years.

The E-2 visa can be renewed as long as the qualifying investment and business continue to meet the eligibility criteria.

WHO IS ELIGIBLE FOR AN EB-5 INVESTOR VISA?

To qualify for an EB-5 investor visa, you must:

• Make an investment of $1.05 million in a qualifying commercial enterprise
• Make an investment of $800,000 if the commercial enterprise is located in a rural area, high-unemployment area, or is an infrastructure project
• Create your own project (entrepreneurial or direct project) or become an investor in an existing project
• Provide evidence of the source of the funds and demonstrate the funds are legitimate
• Have an active or at-risk investment
• Create 10 full-time jobs for qualifying employees (U.S. citizens, lawful permanent residents or other immigrants authorized to work in the U.S., including conditional residents, temporary residents, asylees, refugees or persons residing in the U.S. under suspension of deportation)

HOW TO APPLY FOR AN EB-5 VISA

To file for an EB-5 visa:

1. Decide whether you want to invest and create your own project or invest through a USCIS-designated regional center
2. Ensure that your investment meets the minimum requirements
3. Gather the document to demonstrate the lawful source of your investment funds
4. File Form I-526 or I-526E Immigrant Petition by Alien Entrepreneur
5. If you are in the U.S, in lawful status at the time you are filing your I-526 or I-526E petition, you may submit your I-485 application (Green Card) along with your I-765 (work permit) and I-131 (travel permit) application as a concurrent filing. You will then receive a work permit and travel permit while USCIS is adjudicating the underlying petition, allowing you to work in the US and travel outside of the US.
6. If you are outside of the U.S., you must wait until USCIS sends you a receipt notice confirming that your application has been received,  and approves your petition. After, you can submit your Form DS-260, Application for Immigrant Visa and Alien Registration, with the Consulate. Once approved, your case will be transferred to the National Visa Center (NVC), which will provide instructions on the next steps, including the required fees and supporting documentation before scheduling your consular interview. Read more about NVC processing time.

WHO IS ELIGIBLE FOR AN E-2 TREATY INVESTOR VISA?

To qualify for an E-2 visa, you must:

• Be a citizen of a country that has a qualifying treaty with the U.S.
• Possess at least 50% of the business
• Have invested, or be actively in the process of investing, a “substantial amount of capital” in a real and operating business enterprise in the U.S.
• Intend to enter the U.S. solely for the purpose of directing and developing the company in an executive or supervisory position
• Intend to depart upon termination of status

HOW TO APPLY FOR AN E-2 VISA

To file for an E-2 visa:

1. Confirm that your home country has a treaty of commerce and navigation with the U.S.
2. Create a Business Plan
3. Establish your U.S. company, completing the necessary paperwork with the Secretary of State and acquiring all required permits, business licenses and tax identification numbers
4. Set up U.S. bank accounts and secure office space or other business facilities
5. Gather evidence related to your source of fund
6. Compile all documents which prove your eligibility for an E-2 visa
7. Submit your visa application
   – If you are applying for an E-2 visa outside the U.S., file Form I-156E, Nonimmigrant Treaty Trader/Investor Application and Form DS-160, Nonimmigrant Visa Application
   – If you are applying for an E-2 visa while in the U.S. under a lawful nonimmigrant status, file Form I-156E, Nonimmigrant Treaty Trader/Investor Application and Form I-129, Petition for a Nonimmigrant worker, to change your status to E-2 category
8. Schedule and attend your visa interview