Business Immigration to the United States

Business Immigration to the United States

Three distinct pathways for investors, business owners, and corporate expanders. Each one is built for a different situation — understanding which applies to you is the first decision you need to make.

E-2

Treaty Investor

L-1

Intracompany Transfer

EB-5

Investor Green Card

No Cap

E-2 & L-1 Visas

Before You Begin

Which situation matches yours?

I want to buy or start a business

You’re from a treaty country and want to operate a real business in the U.S. yourself.

I want permanent residency through a passive investment

You have $800K+ and want permanent residency for your family without needing a job.

I’m expanding my existing company

You already operate a company abroad and want to open a U.S. branch and move yourself there.

Temporary · Renewable Indefinitely

E-2 Treaty Investor Visa

The most practical visa for buying or starting a U.S. business.

Best Situation

You’re from a treaty country and ready to invest in a real U.S. business — a franchise, service business, startup, or acquisition. You want to run it yourself and live in the U.S. while it operates.

Not the right fit if…

Passive investors, or nationals from countries without a U.S. treaty. Not a green card — but pairs well with long-term EB-5 or EB-1C strategy.

Key Facts

  • No government-set minimum investment (typically $100K–$500K in practice)
  • Renewable indefinitely as long as the business is operating
  • Spouse receives automatic work authorization
  • Available from 80+ countries including UK, Canada, Germany, France, Italy, Japan
  • Can be granted at a U.S. consulate — often processed in 1–3 months
  • Children may study in U.S. schools

Permanent Residency · Green Card

EB-5 Investor Green Card

The direct route to a U.S. green card for investors — no employer, no lottery.

Best Situation

You have $800K–$1.05M to invest and want to obtain permanent U.S. residency for yourself and your family. You’re not just running a business — you’re buying your way into permanent legal status.

Not the right fit if…

Investors who need to remain hands-on in daily operations. EB-5 is about capital investment, not active management.

Key Facts

  • $800,000 minimum investment in a Targeted Employment Area (TEA); $1,050,000 elsewhere
  • Green card for the principal investor, spouse, and unmarried children under 21
  • No employer sponsor or job offer required
  • Investment can be through a USCIS-designated Regional Center (mostly passive)
  • Leads to conditional green card, then permanent green card after 2 years
  • Path to U.S. citizenship after 5 years of permanent residency

Temporary · Corporate Expansion

L-1 Intracompany Transfer

Bring your existing business to the U.S. through your own company.

Best Situation

You already have an operating company outside the U.S. and you want to open a U.S. office, subsidiary, or branch — and transfer yourself (or key staff) to lead it. This is the corporate expansion path.

Not the right fit if…

People who don’t already have an established foreign company. Not for starting from scratch.

Key Facts

  • L-1A for executives and managers — direct path to EB-1C Green Card
  • L-1B for employees with specialized knowledge of the company’s products, systems, or procedures
  • New Office L-1 available for companies opening a U.S. operation for the first time
  • No annual cap — no lottery
  • No prevailing wage requirement
  • Spouse (L-2) receives work authorization

Why AmLaw Group

What We Do Differently

We Understand Business — Not Just Immigration Law

Our attorneys advise on entity structure, business plan viability, franchise selection, and acquisition mechanics — not just the visa form. A well-structured business is the foundation of a well-structured petition.

Source of Funds Documentation

The origin of investment capital is one of the most heavily scrutinized aspects of every investor visa case. We build a documented, clear paper trail that survives USCIS review — even when funds come from multiple sources.

Long-Term Strategy from Day One

Many E-2 and L-1 clients eventually want a green card. We plan for that from the start — building cases that position clients for EB-1C, EB-5, or other pathways when the time comes.

Common Questions

Frequently Asked Questions

What is the minimum investment for an E-2 visa?

There is no statutory minimum, but investments must be "substantial" relative to the total cost of the business. In practice, investments of $100,000 or more are generally considered substantial for most business types. The key test is whether the investment is sufficient to run a real, viable operation.

Can my family come with me on an E-2 or EB-5?

Yes. Both visa types cover your spouse and unmarried children under 21. E-2 spouses receive full work authorization to work for any employer. EB-5 confers permanent residency to all qualifying family members — they get their own green cards.

What kinds of businesses qualify for the E-2 visa?

Most legitimate for-profit businesses qualify — restaurants, franchises, retail shops, service businesses, tech startups, real estate operations, and more. The business must be real, operational, and have the capacity to generate more than a marginal living. Passive investment businesses (like holding companies) typically do not qualify.

How long does EB-5 take from start to green card?

Typical timelines are 18–36 months from filing the initial I-526 petition to conditional green card approval — depending on your country of birth and current processing backlogs. An additional 2 years are required to remove conditions. Premium processing is available for some steps.

Can I use the E-2 visa as a stepping stone to a green card?

The E-2 itself does not lead to a green card — it is a non-immigrant visa. However, many E-2 clients eventually transition to a green card through EB-5, EB-1C, or EB-1A pathways. We routinely advise clients on long-term strategy that begins with E-2 and ends with permanent residency.

What is the difference between L-1A and L-1B?

L-1A is for executives and managers — it requires that you hold a true executive or managerial role at both the foreign and U.S. companies. L-1A holders can pursue an EB-1C Green Card. L-1B is for employees with specialized knowledge of your company’s products, procedures, or systems.

Your Next Step

Ready to Talk Strategy?

Every business immigration case starts with a frank conversation about your goals, your timeline, and your resources. Our consultations are confidential and focused.