For foreign investors seeking to operate businesses in the United States, selecting the proper investment visa is critical. While the L-1A and E-1/E-2 visas offer pathways for business expansion, others may explore EB-5 immigrant investor visas to secure lawful permanent residency. Each visa category carries specific legal and financial obligations, making early planning essential to a successful application.
At The Bernard Firm P.L.C., we work with investors to evaluate visa eligibility, structure business investments, and ensure compliance with immigration regulations. Whether establishing a new U.S. venture or expanding an existing enterprise, securing the appropriate investment visa requires detailed documentation and adherence to federal requirements. An investment visa lawyer can guide and ensure that applications meet all legal standards. Learn more about our immigration services and how we assist investors in handling these legal requirements.
Manager or executive works for foreign company that is related to a US company by 50% or more common ownership. The manager must have worked for the foreign company for one of the past three years and must be coming to the US company to work in a managerial or executive capacity.
read moreThe United States has signed a number of treaties with foreign nations designed to promote trade and investment. 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.
read moreOwner or Developer of the new enterprise from a treaty country (see list of treaty countries) has 50% or more ownership in a substantial US employment creating investment. As a general rule substantial means $200,000 or more. Although smaller investments are often approved the risk of denial increases as one heads south of $200,000.
read moreIndividual invests $500,000 in a high unemployment area (150% of national unemployment rate) or $1,000,000 elsewhere and hires 10 persons within 2 years, or invests in a Regional Center and may use job multiplier studies instead of direct employment. Because this category has been controversial INS processing times are slow and unpredictable.
read moreAn EB-3 visa is an employment-based, third preference U.S. immigrant visa for skilled workers, professionals, and other workers. Successful EB-3 visa applications result in a green card, allowing eligible foreign nationals to live and work permanently in the United States.
Use the L1A visa. INS grants one year to start a US business, with a total extension period of seven years. The biggest advantage of the L1A visa is that it can be easily converted to a green card after one year of doing business in the U.S.
You can apply for a green card as a managerial transfer from abroad without coming to the US, come to the US as an L1A (above), or come to the US as E1 or E2 if you are from a treaty company. You may apply for a green card if you qualify as an international manager (serving one of the past three years as a manager or executive of a foreign company).
If you are a citizen of a treaty country, you can use E1 if the US business is based on trade, or in all other cases, use E2. If you do not also qualify as a managerial transfer, you will probably never qualify for a green card unless you invest $500,000 or $1,000,000 per the Eb5 category. If you want to know why, you need to contact us. Otherwise, take our word for it. It’s too complicated to describe in summary form.
The E-1 and E-2 visas allow nationals of treaty countries to engage in substantial trade or invest in U.S. businesses. Unlike employment-based visas, E-visa holders maintain operational control over their enterprises, making them a flexible option for business owners.
Key compliance factors for E-visa holders include:
Because E visas do not lead directly to permanent residency, some investors transition to an EB-5 visa or other employment-based green card options over time. Seeking assistance from an investment visa attorney can help structure business operations while planning for long-term residency. Our areas of law page provides further details on investment-based immigration options.
The EB-5 program provides a green card opportunity for investors seeking permanent residency through direct investment in job-creating enterprises.
EB-5 eligibility requirements include:
Processing times for EB-5 applications can vary, and regulatory updates periodically impact program requirements. Some investors start with an E-2 visa for immediate business operations while applying for an EB-5 visa to secure long-term residency. An investment visa lawyer ensures compliance with immigration and financial regulations throughout this process.
Selecting the proper investment visa involves aligning business goals, tax planning, and residency intentions with immigration regulations. Key considerations include:
Working with an investment visa attorney ensures all documentation meets USCIS requirements, minimizing delays and improving approval rates. Investors can also review our Meet the Team page to connect with experienced legal professionals.
U.S. investment immigration policies constantly evolve, impacting foreign investors seeking business opportunities and permanent residency. Proposed changes include new visa categories designed to simplify pathways for entrepreneurs and increased oversight on EB-5 investments. Stricter regulations now require greater transparency in job creation and investment fund verification.
Additionally, potential tax policy adjustments may affect investors’ long-term residency planning. Staying informed on these developments is essential for making strategic decisions. At The Bernard Firm P.L.C., we provide guidance to help investors manage changing regulations and secure the best visa options for their needs.
Securing an investment visa requires careful planning, substantial documentation, and compliance with U.S. immigration laws. Investors must structure their business investments to meet visa eligibility requirements while preparing thorough application materials to avoid processing delays. Exploring alternative visa options can also be beneficial if eligibility for a specific category is uncertain. Working with legal counsel ensures that all regulatory requirements are met, increasing the likelihood of approval.
At The Bernard Firm P.L.C., we assist investors with the application process to ensure efficiency and accuracy. Meet our team to discuss your investment and immigration goals.
The green card lasts forever and permits one to work, invest, study, or do none of the above with complete freedom. Green card holders are subject to US worldwide taxation and must make the US their permanent residence. Green card holder dependents also receive valid green cards for the rest of their lives.
E-visa holders may only work for themselves or the E-visa enterprise. E visas may be extended as long as the enterprise operates. E visas are generally issued in five-year increments. E-visa dependent children lose their E-visa status when they turn 21 years of age. They need to find another status at that time. E-visa holders and dependents may study in the US. E-visa holders do not have to live in the US for any particular time and may arrange their affairs so they are not subject to worldwide taxation.
Those wishing to retire in America, live in America for at least six months a year, and have no children under 21 years of age should consider an E visa investment. In this case, the E-visa is more flexible for tax purposes, and there’s no requirement to come to the US at least once every six months. The US does not have a retirement visa category. The E-visa is as close as it gets.
Families with young children need to consider the fate of their children once they turn 21. In this case, green cards are the better alternative. If a green card is not possible, consider that children can go to university on F1 visas and, upon graduation, qualify for H1B visas. Eventually, they will marry, more than likely to a US citizen. If you don’t qualify for a green card and don’t want to expose your children to the added immigration pressure of having uncertain status, then consider an EB-5 Visa.
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