Weston Investment Visa Attorney

Investment in a U.S. company is one way to obtain a visa or permanent residency. An investment visa allows a foreign national to immigrate to the U.S. if he or she invests a certain amount of money in a U.S. business enterprise. The EB-5 and E-2 investment visas have different requirements and are suited to different purposes, so if you are considering applying for an investment visa, contact a Weston investment visa attorney to discuss your options.

EB-5 Investment Visas

Congress created the Immigrant Investor Program in 1992. EB-5 visas allow immigrant investors to come to the States if they invest in U.S. enterprises. To qualify for an EB-5 visa, an investor must either invest at least $1,000,000 in a U.S. commercial enterprise or invest $500,000 in a business located in a rural or high-unemployment area.

A commercial enterprise satisfies the investment visa’s requirement by selling goods or services for profit and for lawful business purposes. The capital invested in the enterprise must be the investor’s own money, not borrowed, and must not be the proceeds of criminal activity.

Additionally, an investor under an EB-5 visa must create or preserve at least ten full-time jobs for qualified U.S. workers within two years of approval of the visa application. Jobs held by the investor or his or her family members do not count toward that total.

The jobs may be created as a direct result of the formation of the business enterprise or may be created indirectly, through investment with an approved regional center. Job preservation is only sufficient to count toward the ten-job minimum if the preserved positions are in a troubled business, defined as a business that has sustained a net loss during the one or two years before the visa application.

E-2 Investment Visas

The E-2 treaty investor visa allows foreign nationals of countries with which the U.S. has a treaty of commerce and navigation to obtain a visa if they invest a substantial amount of capital in a bona fide enterprise located in the U.S. Additionally, they must enter the U.S. solely to develop and direct the business, which can be proven by showing that the treaty investor has at least 50 percent ownership or operational control of the enterprise.

To qualify, the enterprise must produce goods or services for profit and be a non-marginal, active commercial undertaking. The investment must be substantial in proportion to the cost of establishing or purchasing a business, and must be of sufficient size to ensure the investor’s commitment to developing and directing the business. The investment capital must be fully committed to the enterprise and must be at risk of being lost if the business fails.

Employees of the treaty investor may be also eligible for E-2 status if they are employees of the same nationality as the investor with executive or supervisory duties or special qualifications.

Investment can be a profitable and convenient method of entering the United States. If you are considering applying for an investment visa, please contact an Weston investment visa attorney the Law Offices of Alex T. Barak, at 954-289-6298, to schedule a consultation with a member of our legal team at our Aventura office.