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Investors & Entrepreneur Immigration Lawyers

For foreign investors and entrepreneurs with businesses, certain types of visas allow entry to the United States for business reasons.
There are several
E-category visas for which these individuals may qualify. Understanding the one with the most advantageous terms and qualifying requirements is essential in securing a path to immigration into the United States.

What kind of employment visas are available?

This is an option for investors who want to live in the U.S. permanently. With this visa category, they are free to pursue a green card by investing between $500,000 and $1 million in a U.S. enterprise and creating—or saving—10 jobs. Spouses and minor, unmarried children can also apply for green cards. This visa category is capped at 10,000 yearly visas, and 3,000 of those are reserved for designation through a Regional Center. Unlike the other visa categories discussed here, EB-5 investors can come from any country.
There are three key visa categories to consider if you are an investor or entrepreneur looking to invest in a business in the U.S.
This visa classification is open to citizens of countries with commerce and navigation treaties with the U.S who need to enter the country for trade purposes between the U.S. and their country. The E-1 visa category allows applicants and their minor children to apply for derivative E-1 visas so they do not have to separate from their families. Spouses may apply for work authorization once they are in the U.S., the minor children are not eligible simply because they are granted the derivative visa. Diplomatic reciprocity agreements dictate the length of the visa period.
This visa category allows citizens of other countries with which the U.S. maintains commerce to travel to the U.S. for business purposes. That means that applicants must be traveling into the country to oversee the business enterprises in which they are invested. The main applicant’s minor children and spouse may qualify for a derivative E-2 visa, allowing them to travel with the primary applicant or visa holder. The spouse with the derivative visa may then also apply for work authorization in the U.S., although their children are not eligible for work authorization. If the primary visa holder then wants to bring foreigners to work in the U.S.-based company, they can do so by applying for E-2 visas for essential employees with specialized skills and knowledge, such as executives or managers who already work for them in their home country. How long a primary visa holder may stay in the U.S. is dictated by diplomatic reciprocity tables as spelled out in the treaty, but, generally speaking, that period can last between three months and five years.

What is the process like for getting an investor or entpreneur visa?

Securing employment visas will depend on the requirements of the program. In general, the process will involve a few steps, which are typically outlined by the USCIS.
investors and entrepreneurs immigration
The application process can vary widely. Some visa categories require applicants to attend an interview at their country’s U.S. consulate or embassy. In some cases, applicants can arrive at a port of entry with their current documents and get their visa before they enter the United States.
When it comes to applying to each of the visa categories mentioned earlier, the process begins with knowing what application to use. The different visas include:
Form DS-156E is required of all E-1 treaty visa applicants. Applicants must also use Form I-129 before entering the United States. Once a visa has been issued, the visa holder may enter the country through a port of entry as a non-immigrant E-1 visa holder.
Applicants may use Form I-129 if they are currently within the U.S. and want to change their visa status to the E-2 category. Those who are not in the U.S. must use Form DS-160 and schedule an interview with a U.S. embassy at their country of residence. E-2 treaty investors who are executives, managers or essential employees must also complete Form DS-156E
After filing Form I-526 and gaining approval, applicants for this visa category must also file a Form DS-260 with the U.S. Department of State if abroad of a Form I-485 to adjust their status to conditional permanent resident if they are already in the country. Foreign investors who already have conditional permanent residency may additionally use Form I-829 to petition for the removal of those residency conditions.

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