How we help our clients:
U.S. Immigration has two main categories: permanent residence visas (also called “immigrant visas” or “green cards”) and temporary residence visas (also called “nonimmigrant visas”).
For investors and entrepreneurs, the EB-1 category for “multinational business managers and executives” and the EB-5 category for “immigrant investors” are the categories most often used to qualify for a green card.
Jaensch Immigration Law Firm is experienced in EB-1 category for “multinational business managers and executives” and the EB-5 category for “immigrant investors” for investors and entrepreneurs, which can be extremely complex applications.
To qualify for the EB-1 Multinational Manager or Executive Green Card, an applicant must prove all of the following:
- 1. There must be a U.S. company or organization that is active and conducts regular and systematic operations. We call this the “U.S. Employer.”
- 2. There must be a company or organization located outside of the U.S. that is active and conducts regular and systematic operations. We call this the “Foreign Employer.”
- 3. The U.S. Employer and the Foreign Employer must be related entities, which means that one entity must own the other or the same person or persons must own a controlling interest in each entity.
- 4. The applicant must have worked for the Foreign Employer for at least 1 full year as an executive or manager prior to coming to the U.S.
- 5. The applicant must work for the U.S. Employer as an executive or manager NOW or AFTER the green card is approved.
- 6. The U.S. Employer must prove that it has the “ability to pay” the applicant at the time the green card application is filed AND at the time the application is approved.
To qualify for the EB-5 Immigrant Investor Green card, an applicant must prove all of the following:
- 1. The applicant must invest in a new commercial enterprise
- 2. The applicant must participate in the management of the enterprise
- 3. The applicant must make the required investment. This is usually $1.8 million, unless the business is located in a targeted employment area (a farm area or area of high unemployment). The investment requirement in a targeted employment area is $900,000. The investment must be in the business and can include the business real estate, the equipment, inventory, improvements to premises, fixtures, franchise fee, and other startup expenses.
- 4. The investment business must create 10 full-positions for U.S. workers within 2 years (exception—if the investment is in a “troubled” business, then this requirement can be met if 10 jobs are preserved rather than created).
- 5. The applicant must clearly demonstrate the source of investment funds.
The most common temporary visas for investors and entrepreneurs are as follows:
- E-1 Treaty Trader Visas, which permit business owners and certain employees to manage a business that engages in a substantial amount of international trade (import or export of goods, services or technology) between the United States and the home country of a foreign-born individual. The visa is issued for up to five years and is renewable. The spouse can qualify for an unrestricted temporary work card. Children up to the age of 21 can accompany the parents and attend school, but cannot work. To qualify, there must be a treaty between the U.S. and the country of citizenship of the business owner.
- E-2 Treaty Investor Visas, which permit investors and certain employees from eligible countries to invest a substantial amount of money and acquire a controlling interest in an active U.S. business. The visa is issued for up to five years and is renewable. The investor can work in his or her own business. The spouse can qualify for an unrestricted temporary work card. Children up to the age of 21 can accompany the parents and attend school, but cannot work. This visa is generally the best option for investors if the investor comes from a country that has an investment treaty with the U.S. Eligible countries include the United Kingdom, Ireland, Canada, France, Germany, Spain, but not Russia, Venezuela or Brazil.
- H-1B Visas for Workers in Specialty Occupations, which permit employment of professional level workers by a sponsoring employer. The visa is issued for up to three years and can be renewed another three years (additional renewals are possible in some cases). This visa is not that common for investors, but can be useful if the investor does not qualify or an E-2 Treaty Investor Visa. The investor would essentially be an employee of his or her own business. Note that the investor must be employed in a position that normally requires a university degree and must have earned a university degree or the equivalent in education and work experience. General managers and company executives usually do not qualify for the H-1B visa, because the government takes the view that a university degree is not required to perform this job. But, the visa can work for management analyst, certain financial management and marketing positions.
- L-1 Visas for Multinational Managers, Executives and Specialized Knowledge employees who are being transferred to the U.S. by a related international company. This visa requires that the investor worked as a manager or executive or specialized knowledge employee for one full year out of the past three years for an active company outside the U.S. The government likes to see payroll documents to confirm employment for one full year. This employee can be transferred to a U.S. company to serve as a manager or executive or specialized knowledge worker if the U.S. company is related to the employer abroad, for example if one company owns the other or the same person or persons owns a controlling interest in both companies. This visa can be difficult to get for new and/or small companies. It can be useful, however, if the investor does not qualify for the E-2 investor visa but continuous to own and operate a business outside the U.S.
- O-1 Visas for Aliens with Extraordinary Ability who are seeking temporary employment. This visa is issued for up to three years and can be renewed in one-year increments. This visa requires an employer in the U.S. The employer must show that it wants to employ the investor and that the investor has extraordinary qualifications in his or her field of endeavor. This is not a common visa for investors, but can be useful if the investor has received a lot of publicity, has patents, has received awards, or played a significant role in the development of a new franchise concept
Jaensch Immigration Law Firm is experienced in E-1, E-2, H-1B, L-1, and O-1 visas.
Relevant Visas & Topics
- E-1 Treaty Trader visas, which permit owners, and certain employees, of businesses that engage in a substantial amount of trade in goods or services between the U.S. and the home country of the business owner if the country has a treaty with the United States. This visa can be issued for up to five years.
- E-2 Treaty Investor Visas, which permit owners, and certain employees, of businesses in which the owner has a controlling interest and has made a substantial investment. investors from certain countries to invest a substantial amount of money and acquire a controlling interest in an active U.S. business. This visa can be issued for up to five years.