FAQ

An investor visa can be obtained by opening a new business or investing in an existing American company. The amount of investment required, depending on the visa category, usually ranges from $80,000 to $1,800,000. It is necessary to select a specific category of an investor visa depending on the requirements established by the visa program, the investor’s citizenship and a number of other factors.

• L-1 nonimmigrant executive visa, which gives a temporary right to live and work in the United States;
• EB-1c executive immigration visa, which gives the right to receive a green card;
• E-2 nonimmigrant investor visa for citizens of countries participating in the E-2 treaty program with the United States;
• Immigrant investor visa EB-5, giving the right to obtain a green card through an investment of $900,000 and hiring at least 10 employees.

• a) L-1 and EB-1c business visas can be obtained by specialists of foreign companies holding managerial positions. An applicant can become both the owner (founder) of a foreign company, provided that he is both the head of this company, and a hired manager, if the company (legal entity) or its owner (individual) is ready to open a branch in the United States and send this employee to lead them. At the same time, a number of requirements should be taken into account both for an American company and for an affiliated company located outside the United States.

  b) An E-2 nonimmigrant visa can be obtained by an applicant who has the citizenship of a country that is a party to the E-2 treaty with the United States. To obtain an E-2 visa, the applicant must open a company in the United States and invest money in it. It will also be necessary to prove the legality of the source of the invested funds.

  c) To obtain an EB-5 immigrant investment visa, the applicant must invest the amount required by the program ($ 900,000 or $ 1,800,000 depending on the location of the project) in his own company or a Regional Center project, and also create 10 new jobs (when investing in a Regional center, the implementation of this requirement is undertaken by the Regional Center). Also, the applicant must prove the legality of the origin of the invested funds, show the traceability of their movement.

An immigrant visa is a visa that allows you to enter the United States and obtain a green card for permanent residence in the country. A foreigner who has received a green card has the right to work in the United States without restrictions as to the length of time or other rights that exist for holders of nonimmigrant visas. 5 years after having a green card, the applicant has the right to petition for citizenship.

To obtain an American non-immigrant visa, you must familiarize yourself with the requirements for the applicant for various visa programs and choose the most suitable one for yourself. If it is difficult to choose an immigration program on your own, then you can turn to immigration lawyers who will help you not only find the best solution, but also draw up the necessary documents and submit a petition.

If you open a non-immigrant visa (except for a tourist visa), you get the right to transport your family members (spouse and unmarried children under the age of 21) to the United States. Family members gain the right to stay in the United States for the same period of time as the main applicant, and, depending on the type of non-immigrant visa, may receive a work permit and the right to study in the United States.

An E-2 visa can only be obtained by citizens of countries that have an E-2 agreement with the United States. A complete list of countries can be viewed at the link: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

An E-2 visa can be obtained on the basis of opening your own company in the United States or purchasing a ready-made business / franchise. The size of the initial investment in case of opening a new company is at least $100,000. In the case of buying an existing franchise (in which, in order to obtain a visa, the investor acquires a controlling stake in an American company, but the selling party remains in the share and in the future participates in management), it is necessary to count on an amount of $250,000 or more.

In case of obtaining an E-2 visa, the applicant is only allowed to work in his own company, of which he / she is the owner / co-owner. The applicant’s spouse is eligible to work for any other company in the United States.

Obtaining an E-2 investor visa consists of the following steps:

• registration of a new company in the U.S. or purchase of a controlling stake in an existing business (2-4 months);
• preparation of a petition (1-2 months);
• consideration of the petition at the US Immigration Service (4-6 months or about 15 days in case of payment of the state duty for an expedited review);
• interviewing and obtaining a visa at the US consulate (in order of priority). If the applicant is already in the United States, then if the petition is approved, an automatic status change occurs.

Only in one case. An E-2 visa applicant (who has previously invested the required amount in his company in the United States) can invite employees from his country of citizenship to work in his American company and apply for E-2 visas for them, while no investment is required from employees. They will be formalized as employees, without whom it is impossible to fully carry out the company’s activities in the United States.

As an investment in an American company, it is allowed to use borrowed funds received from financial institutions (banks). Borrowed funds received from other individuals cannot be used for the purpose of obtaining E-2.

When entering the United States, each foreign person is assigned a certain status. E-2 status is valid for 2 years. After the expiration of the status, it can be extended without leaving the country by submitting an application to the Immigration Service. You can renew your E-2 status an unlimited number of times. Thus, the answer to the question is as follows: you can stay in the United States in the E-2 status without a break for an unlimited amount of time, but subject to approval to renew the E-2 status, which must be done every 2 years.

If you receive an E-2 visa, you have the right to transport your family members (spouse and unmarried children under the age of 21) to the United States. Family members receive the same rights as the main visa applicant, that is, the right to temporarily reside, work and study in the United States during the term of the main applicant status.

An L-1 visa can be obtained in case of opening your own company in the United States or buying a ready-made business (or franchise). The size of the initial investment in case of opening a new company is approximately $ 60,000, but this amount varies based on the type of business and other factors. In the case of buying an existing franchise, it is necessary to count on an investment of at least $ 250,000, quite likely more.

Contact AmLaw Group for advice. We will help in the selection and support of the sale and purchase of an operating company in the United States or its share. 

If you are interested in applying for an American visa or green card based on a business, we will help you choose the best option that meets your wishes, as well as the requirements of the Immigration Service for a particular visa category.

The maximum length of stay in the United States on an L-1 visa with all possible extensions is 7 years. After 7 years of residence in the United States on an L-1 visa, you must either leave the country or apply for another status (visa).

If you receive an L-1 visa, you are eligible to transport your family members (spouse and unmarried children under the age of 21) to the United States. Family members receive the same rights as the main visa applicant, that is, the right to temporarily reside, work and study in the United States for the entire duration of the main applicant’s status.