Frequently Asked Questions

Most entrepreneurs qualify under E-2, EB-5, or EB-1A. The best pathway depends on your nationality, business structure, and capital. We assess each case individually.

Not for most categories we handle. EB-1A, O-1, and E-2 are self-petition or entrepreneur-based categories that do not require a traditional employer sponsor.

Yes. Most categories include your spouse and unmarried children under 21. Spouses typically receive full work authorization.

Timelines range from 2–4 months for an E-2 visa to 18–36 months for EB-5. We provide precise projections during your initial consultation.

Every case is personally managed by an experienced senior attorney. We focus exclusively on investor, entrepreneur, and talent immigration, and our clients work directly with us, not with support staff.

Your first consultation is a private, 60–90 minute session with a senior AmLaw attorney. We review your background, goals, and timeline and give you a frank assessment of your options.

Timelines vary widely by visa category. E-2 visas can be issued in 2–4 months; EB-5 may take 18–36 months. We provide case-specific projections in your initial consultation.

We handle all RFEs as part of our full representation. Our attorneys draft comprehensive responses and resubmit with any supplemental evidence required.

In most circumstances, yes — but it requires careful planning. Certain pending applications may require advance parole or specific documentation before you depart.

In many cases, yes. Changing status within the U.S. (Change of Status) is often possible but depends on your current status, maintenance of that status, and the target visa category.

In most investor and employment-based categories, your spouse is eligible for an Employment Authorization Document (EAD), allowing them to work for any U.S. employer.

Dependent children on most visa categories can attend U.S. schools and universities. Certain visas also allow children to qualify for in-state tuition rates.

Generally, dependent children must be unmarried and under 21 years old. The Child Status Protection Act (CSPA) can help protect the age of certain children during long processing times.

The minimum is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA location. Regional Center investments are typically structured at the TEA threshold.

A USCIS-designated entity that pools EB-5 investments into qualifying commercial enterprises. Regional Center projects allow indirect job creation, making it easier to meet the 10-job requirement.

I-526 (direct) or I-526E (regional center) adjudication typically takes 12–36 months, depending on USCIS workload and the investor's country of birth. After I-526/I-526E approval, consular processing or adjustment of status adds several months. Investors then enter a two-year conditional residence period before filing I-829 to remove conditions. Indian and Vietnamese nationals currently face visa backlogs and should factor this into their timeline planning.

Yes. USCIS requires that the capital be genuinely at risk of loss — returns are not guaranteed. Under the EB-5 Reform and Integrity Act of 2022 (post-RIA rule), capital must remain invested for not less than two years from the date the full investment is made available to the job-creating entity. This is a fixed two-year sustainment period tied to deployment, not to the length of adjudication. This interpretation was upheld by the D.C. District Court in July 2025 (IIUSA v. DHS), with formal rulemaking pending.

Yes, with conditions. The source of the loan must be documented and traced, and the loan must be secured by the investor's own assets — not by assets of the investment enterprise.

If the project fails to create the required 10 qualifying U.S. jobs, the I-829 petition to remove conditions may be denied. USCIS takes a holistic view — factors include whether the failure was beyond the investor's control and whether the job creation methodology was satisfied despite the project outcome. This is one of the most consequential risks in EB-5 investing, which is why project selection and legal structuring matter significantly at the outset.

The E-2 is available to nationals of countries that have a qualifying trade and commerce treaty with the United States. Over 80 countries are eligible. Notably, China, India, and Russia are not currently included.

There is no fixed dollar minimum. USCIS applies a proportionality test: the investment must be substantial relative to the total cost of establishing or acquiring the business. For lower-cost businesses, this means investing a higher proportion of total cost. For capital-intensive businesses, a smaller percentage may suffice. In practice, most successful E-2 investments exceed $100,000, but the proportionality calculation matters more than the dollar amount alone. The investment must also be irrevocably committed — funds held in escrow pending visa approval do not qualify if they are not genuinely at risk.

No. E-2 status ties you to your approved business. Working for another employer requires a separate work authorization or a change of status.

E-2 visas are typically issued for 2–5 years depending on the treaty country, with unlimited renewals as long as you maintain qualifying investment and business operations.

The E-2 is a non-immigrant visa and does not directly lead to a green card. However, many E-2 holders transition to an EB-5 or EB-1C green card by growing their U.S. business over time.

Only if the loan is secured by the investor's personal assets and the investor bears the risk of the loan. Loans secured by business assets do not qualify.

Individuals who have risen to the very top of their field in science, arts, education, business, or athletics. Evidence must demonstrate sustained national or international acclaim.

No. The EB-1A is a self-petition category. You file on your own behalf without requiring an employer sponsor, giving you significant flexibility.

USCIS requires evidence under at least 3 of 10 criteria, including major awards, published work, high salary, critical roles, or judging others' work. If no major award exists, a body of alternative evidence is compiled.

Standard processing for I-140 petitions is 8–12 months. Premium processing (15 calendar days) is available for the I-140 and significantly accelerates the initial decision. Premium processing does not expedite subsequent steps — consular processing or adjustment of status — which proceed on their own timelines.

Yes. The EB-1A I-140 petition can be filed from abroad. Once approved, you proceed through consular processing at a U.S. embassy or consulate.

Executives, managers, and employees with specialized knowledge who have worked for a related foreign company for at least one continuous year in the past three years.

L-1A is for executives and managers; L-1B is for specialized knowledge employees. L-1A holders have a clearer path to an EB-1C green card, while L-1B holders typically require an EB-2 or EB-3 petition.

L-1A (executives and managers) is initially granted for three years — or one year for new U.S. offices — with two-year extensions up to a maximum of seven years. L-1B (specialized knowledge) is granted for three years initially, with extensions up to a maximum of five years. After the statutory maximum, further extensions in H-1B or other status may be possible, but the L-1 itself cannot be extended beyond the cap.

Yes, the "new office" L-1 allows a foreign company to establish a U.S. subsidiary or affiliate. The initial visa is granted for 1 year, after which operations must demonstrate growth and continued employment.

Yes. L-1A executives and managers can qualify for the EB-1C immigrant visa category, which currently has no backlog for most nationalities and can provide a faster green card path.

A non-immigrant visa for individuals with extraordinary ability in science, education, business, or athletics (O-1A), or extraordinary achievement in arts, film, or television (O-1B).

Yes. The O-1 requires a U.S. petitioner — either an employer or an agent. You cannot self-petition, though your own U.S. company can file on your behalf.

Initially up to 3 years, with 1-year extensions available indefinitely. Unlike the L-1 or H-1B, there is no statutory maximum stay for O-1 holders.

Both require extraordinary ability, but O-1 is non-immigrant (temporary) while EB-1A leads to a green card. The evidentiary standards are similar, and O-1 approval is often used as supporting evidence in EB-1A cases.

Yes. Your spouse and unmarried children under 21 may accompany you on O-3 dependent visas. O-3 holders may not work but may attend school.

A non-immigrant visa for foreign nationals working in specialty occupations that require at least a bachelor's degree in a specific field, such as technology, engineering, finance, medicine, and law.

As of February 27, 2026, H-1B selection is no longer a random lottery. Under a final rule effective for the FY2027 cap season (opened March 4, 2026), each registration receives weighted entries based on the OEWS wage level for the offered position: Level I receives one entry, Level II receives two, Level III receives three, and Level IV receives four. Random selection still occurs — but within a weighted pool. The annual cap remains 85,000: 65,000 regular plus 20,000 for U.S. master's degree holders.

DHS estimates approximate selection probabilities of 15% for Level I positions, 31% for Level II, 46% for Level III, and 61% for Level IV. These are estimates, not guarantees — the actual probability in any given year depends on total registrations. The practical implication: for employers who can credibly offer Level III or IV wages, the odds of selection have improved substantially.

Yes, but there are two distinct rules here. H-1B portability under AC21 §105 lets a worker begin employment with a new H-1B employer as soon as the new employer files a non-frivolous H-1B petition — no I-140 required. Separately, once an I-485 (adjustment of status) has been pending 180+ days, the underlying I-140 can be ported to a same-or-similar job with a new employer under AC21 §106(c). And once an I-140 has been approved for 180+ days, it cannot be auto-revoked solely by petitioner withdrawal — which protects priority date and supports H-1B extensions beyond the six-year cap.

Institutions of higher education, nonprofit entities related to or affiliated with such institutions, nonprofit research organizations, and governmental research organizations are exempt from the annual H-1B cap. Their employees can be hired year-round without participating in the spring lottery — and are also not subject to the $100,000 proclamation fee.

Presidential Proclamation 10973 (effective September 21, 2025) requires a $100,000 fee on certain new H-1B petitions. It applies to petitions for beneficiaries who are outside the U.S. and do not hold a valid H-1B visa, and to petitions requesting consular notification. It does not apply to change-of-status filings for beneficiaries already in the U.S. in valid status (F-1, L-1, TN, etc.), extensions, amendments, H-1B transfers, or cap-exempt petitions. The proclamation was upheld by the D.C. District Court in December 2025 (Chamber of Commerce v. DHS), with appeals pending. It expires September 21, 2026 absent further action. Strategy note: structuring as a change of status where the beneficiary is already in the U.S. avoids the fee entirely.

Initially 3 years, extendable to 6 years. Beyond 6 years, further extensions are possible if you have an approved I-140 or an active PERM labor certification that has been pending for over 365 days.