Trade and Investment Visas (E-Visas)

The E-Visa category is established for individuals who are foreign business owners, managers, investors and employees coming to the U.S. to conduct trade or oversee investment pursuant to a "treaty of commerce or navigation" or "a bilateral investment treaty agreement between the U.S. and the foreign state."

EB-5 Visa

The EB-5 visa allows a foreign investors to become a permanent US resident by investing cash in a US business. Currently, the required amount is $500,000 to $1,000,000, although the requirement might be changing soon. It requires a minimum investment of $1 million, or $500,000, if the investment is in a rural or targeted high unemployment area where unemployment is 150% of the national average. The investment also must result in the creation of at least 10 jobs. The amount might be changing soon however.

There are 10,000 EB-5 visas available each Fiscal Year (FY).

To qualify for the EB-5 program, immigrants can invest directly in a job-creating business, or can invest through regional centers approved by USCIS to promote economic growth in designated areas.

If the investor’s initial application is approved, the investor can apply for conditional residence in the United States. Once approved, the conditional residence lasts two years. After two years, the investor can apply to have the conditions removed and have the conditional residency made permanent, but only if the investment has resulted in the creation of a minimum of 10 jobs, as required.

E-2 Visa

An E-2 is a temporary and non-immigrant visa based on a reciprocal commercial treaty between the United States and the individual’s country of nationality. It allows a citizen of an E-2 treaty country to be admitted to the U.S. if he or she is coming “to develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital.” E-2 investors may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Spouses of E-2 workers may also apply for work authorization.

In order to qualify for the E-2 visa, the investor must:

• Be a citizen or national of a country with which the United States has a valid treaty of commerce

• Have invested or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States that is not marginal, i.e. it makes more money than just supporting the investor and his family

• Have a substatinal investment – While there is no minimum investment amount for the E-2 visa, the regulations require that the investment be substantial in proportion to the total cost of the business

• Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 51% ownership of the enterprise or possession of operational control through a managerial position or other corporate device

How long can I remain in the US on an E-2 visa?

There is no time limitation on the E-2 visa. An investor can remain in the US on an E-2 visa for as long as the business is operational. The visa can be approved rather quickly. It is often approved in 2 year periods.