Investment Immigration Options
US Immigration by Investment
Gaining a U.S. green card (permanent residence status) through investment is one of the most popular ways to immigrate to the United States. Compare to other countries, the capital requirement for our U.S. Investor program is much lower and the benefits from having a U.S. permanent residence are far more than those offered in other countries. Whether you are considering to immigrate to the U.S. through investment or live temporarily in the U.S. while starting a new business here, there are different investment related immigration options:
- EB5 Investor Program
- E2 Treaty Investor Visa
- National Interest Waiver Green Card for Entrepreneurs
Immigration Options for Investors
EB-5 Investor Program
One of the most long-standing Investment immigration programs of the world, the EB-5 investor program was created by Congress in 1990. The purpose of it’s creation is to stimulate the economy and bringing in investment from foreign investors to the U.S. Under this program, investors, along with their spouses and unmarried children under 21 can apply for a green card if they satisfy the following criteria:
- investment in a U.S. commercial enterprise, and
- plan to create or preserve (if invest in existing businesses) 10 full time jobs for qualified U.S. workers.
Pro: No educational level or English language skills requirements. Investment can be passive as long as it meets other requirements such as job creation. Once approved, the spouse and children of the investor can become permanent residents as well.
Con: By law, the investment must be “at risk” meaning there can not be a guarantee that the capital you invested will be returned to you fully once your green card is approved. It is therefore, crucial to conduct your due diligence when deciding on the kind of investment/business you will invest in for your EB-5 green card petition.
E-2 Treaty Investors Visa
An E2 visa is a non-immigrant investment visa. It is one of the E1/E2 Treaty Visa category for foreign nationals to do business in the U.S on a temporary basis. In the past, the U.S. has entered into trade and commerce treaty relationships with certain countries and allow nationals from those countries to work in a U.S. business in which they invest in. Unlike the EB5 program, it does not provide a direct path to U.S. citizenship. To be eligible the foreign investor must be:
- be a national of one of the treaty countries
- invest a substantial amount of capital in a U.S. business
Pro: E2 investors’ spouses and children can live and study in the U.S. as long as the E2 visa is valid. E2 visa can be renewal indefinitely. No fixed capital investment requirement as long as the investment is substantial. (What does “substantial mean”?) The spouses of E2 investors can apply for employment authorization. No annual limits of E-2 visa by Congress.
Con: E2 visa does not allow dual intent, meaning once you’re admitted to the U.S., you are not allowed to apply for a green card via adjustment of status. It does not provide a direct path to U.S. citizenship. New businesses might receive short visa validity, though it can be renewed.
ALTERNATIVE IMMIGRATION OPTIONS FOR ENTREPRENEURS
Due to the limited immigrant visa available and high volume of EB-5 petitions in countries such as China and India. the processing time for EB-5 investors from such countries can be long or delayed. Fortunately, there are alternative options for entrepreneurs that either do not want to invest the required EB-5 amount or they are not a national of a treaty country. Below are the links for these alternative immigration options for entrepreneurs. Please contact Cipolla Law Group if you want to know more about these options. We are happy to meet with you.
- EB-1(a) Extraordinary Ability Green Card
- EB-1(c) Multinational Managers Green Card
- EB-2 National Interest Waiver Green Card
Work with an Experienced U.S. Investment Immigration Law Firm
If you want to learn more about each immigration option through investment or wish to know which option is available to you and your family, please call 773-687-0549 or contact us Cipolla Law Group online for a consultation.
At Cipolla Law Group, we have over 30 years of collective experience helping families, professionals and investors to live and work in the U.S. Our Principal Attorney Gerald Cipolla has been practicing U.S. law since 2000. He has extensive experience in helping global clients to navigate the complexity of immigration law via investment. He is a member of the Chicago Mercantile Exchange, and an Immigration Advisor-at-large for Christianitytoday.com, one of the biggest Christian publication in the world. Mr. Cipolla was selected as one of the top ten immigration attorneys in the U.S. and he is frequently invited to speak about immigration law in different media settings including EB5Projects.com and Franchisetimes.com. Please contact us today and let us help achieving your immigration goals.