FAQ


Frequently Asked Questions (FAQ)


SELECT A CATEGORY BELOW TO LEARN MORE:


INVESTMENT AND BUSINESS VISAS
IMMIGRATION VISAS (GREEN CARD)
NON-IMMIGRANT VISAS
INVESTOR VISA (E-2)
L-1 EXECUTIVE VISA
VISA FOR TALENTED PEOPLE (O-1)

INVESTOR VISA (E-2)
INVESTOR VISA (EB-5)
EB-1C EXECUTIVE VISA

INVESTOR VISA (E-2)
EB-2/EB-3 SPECIALIST VISA
NIW (NATIONAL INTEREST WAIVER)


INVESTMENT AND BUSINESS VISAS


VISA CATEGORIES FOR INVESTORS
HOW DO YOU GET A US INVESTOR VISA?
HOW CAN YOU BUY A READY-MADE BUSINESS OR FRANCHISE IN THE U.S.?
TYPES OF US BUSINESS VISAS
HOW DO YOU GET A US BUSINESS VISA?
WHICH COMPANY CAN ACT AS AN AFFILIATE COMPANY FOR L-1 / EB-1C VISAS?

An affiliate company is a foreign company operating outside the United States and is associated with a US business through a person (founder) or corporate entity. The company must be an active business (for example, trading shares on the stock market is not an active business). Therefore, foreign companies with low turnover or “dormant” enterprises that do not actually carry out activities are not suitable for this role.

Also, to obtain both visas, the affiliated foreign company must have a staff of at least 8-10 people. Generally the more, the better.

IMMIGRATION VISAS (GREEN CARD)


WHAT RIGHTS WILL I GET WHEN APPLYING FOR AN AMERICAN IMMIGRANT VISA?
WHAT ARE THE OPTIONS FOR OBTAINING US IMMIGRANT VISAS?
HOW DO I GET A US IMMIGRANT VISA?
HOW CAN I MOVE MY FAMILY TO THE U.S. IF I GET AN IMMIGRANT VISA?

If you open an immigrant visa, you get the right to bring your family members (spouse and unmarried children under the age of 21) to the United States together with you. Family members receive the same rights as the main visa applicant, that is, the right to long-term residence, work and study in the United States.

NON-IMMIGRANT VISAS


WHAT RIGHTS WILL I GET WHEN APPLYING FOR A US NON-IMMIGRANT VISA?
HOW DO I GET A US NON-IMMIGRANT VISA?
HOW CAN I MOVE MY FAMILY TO THE US IF I GET A NON-IMMIGRANT VISA?
TYPES OF US NON-IMMIGRANT VISAS
HOW MUCH DO YOU NEED TO INVEST IN AN AMERICAN COMPANY TO GET A RESIDENCE PERMIT IN THE UNITED STATES?

There is no definite answer to this question. Let’s consider the following options:

1) From $ 100,000 – the amount is suitable for an initial investment in a new company in the U.S., allows you to get:

  • E-2 investor visa (if you have the appropriate citizenship);
  • L-1 manager visa for 1 year (subject to all other requirements for this visa).

Note that in some cases, an L-1 visa can be obtained with an investment of less than $ 100,000;

2) From $ 300,000 – the amount is enough both to open a new company in the U.S. and to buy a stake in a ready-made business or franchise (controlling stake is at least 51%). Allows you to get:

  • E-2 investor visa (if you have the appropriate citizenship);
  • L-1 manager visa for 3 years (subject to other visa requirements);
  • EB-1s manager’s visa (green card, can be obtained only if other visa requirements are met);

3) From $ 900,000 – the amount is enough both for the development of your own company in the United States and for the purchase of a ready-made business suitable for the requirements of the following visa categories:

  • investor visa E-2 (if you have the appropriate citizenship);
  • from the head of L-1 for 3 years (subject to the fulfillment of other visa requirements);
  • manager’s visa EB-1s with the right to receive a green card (subject to other visa requirements);

an EB-5 investor visa with the right to obtain a green card (through investment in the project of Regional Centers or in your own business in the United States).

 

INVESTOR VISA E-2


WHICH COUNTRIES CAN GET THE E-2 VISA?
WHAT IF MY CURRENT CITIZENSHIP IS NOT ELIGIBLE FOR THE E-2 PROGRAM?
HOW MUCH INVESTMENT IN AN AMERICAN COMPANY IS REQUIRED TO OBTAIN AN E-2 INVESTOR VISA?
HOW CAN YOU BUY A READY-MADE BUSINESS OR FRANCHISE IN THE U.S.?
CAN I WORK ELSEWHERE ON AN E-2 VISA?
HOW LONG DOES IT TAKE TO GET AN E-2 VISA IN THE UNITED STATES?
CAN I GET AN E-2 VISA WITHOUT INVESTMENT?
CAN BORROWED FUNDS BE USED AS AN E-2 INVESTMENT?
HOW LONG IS THE E-2 VISA ISSUED FOR?
HOW LONG CAN YOU LIVE IN THE UNITED STATES ON E-2 WITHOUT A BREAK?
IF I APPLY FOR AN E-2 VISA, HOW CAN I MOVE MY FAMILY TO THE UNITED STATES?
CAN I GET A GREEN CARD BY APPLYING FOR AN E-2 VISA?

No, the E-2 visa is a nonimmigrant visa and is only eligible for a temporary right to reside in the United States. A green card can only be obtained if an immigrant visa is issued, for example EB-5, with an increase in investment in an American company to the required level (the minimum investment amount under the EB-5 program is from $ 900,000).

L-1 EXECUTIVE VISA


HOW MUCH INVESTMENT IN AN AMERICAN COMPANY IS REQUIRED TO OBTAIN AN L-1 EXECUTIVE VISA?
HOW CAN YOU BUY A READY-MADE BUSINESS OR FRANCHISE IN THE U.S.?
CAN YOU GET AN L-1 VISA IN THE UNITED STATES WITHOUT INVESTMENT?
HOW CAN I PROVE MY EXPERIENCE AS A MANAGER?
WHO IS THE US L-1 VISA SUITABLE FOR?
HOW CAN YOU PROVE YOUR AFFILIATION OUTSIDE THE UNITED STATES?
WHICH COMPANY CAN ACT AS AN AFFILIATE COMPANY?
HOW LONG DOES IT TAKE TO GET AN L-1 MANAGER VISA?
FOR HOW LONG IS THE L-1 BUSINESS VISA ISSUED?
HOW LONG CAN YOU STAY IN THE UNITED STATES ON AN L-1 VISA?
IF I APPLY FOR AN L-1 VISA, HOW CAN I BRING MY FAMILY TO THE UNITED STATES?
CAN I GET A GREEN CARD BY APPLYING FOR AN L-1 VISA?

No, the L-1 visa is a nonimmigrant visa, which means that it only gives you the right to temporary residence in the United States. A green card can be obtained in the case of an immigration visa (for example, EB-1c) when an American company achieves the following indicators: an American company has been conducting commercial activities for more than 1 year, the staff of an American company has at least 10 people with a two-tier management system (heads-deputies -employees), the net profit of the American company (income minus expenses) is about $ 70,000 per year.

VISA FOR TALENTED PEOPLE (O-1)


HOW TALENTED DO YOU NEED TO BE TO GET AN O-1 VISA?
DO YOU NEED AN EMPLOYER FOR AN O-1 VISA?
CAN I GET AN O-1 VISA WITHOUT AN EMPLOYER?
HOW LONG DOES IT TAKE TO GET AN O-1 VISA?
HOW LONG IS THE O-1 VISA ISSUED FOR?
HOW LONG CAN YOU LIVE IN THE UNITED STATES ON THE O-1?
IF I APPLY FOR AN O-1 VISA, HOW CAN I BRING MY FAMILY TO THE UNITED STATES?
CAN I GET A GREEN CARD BY APPLYING FOR AN O-1 VISA?

No, the O-1 visa is a nonimmigrant visa and entitles you to temporary residence in the United States. A green card can only be obtained if another petition is issued that gives the right to receive a green card, for example, an EB-1a immigration petition, provided that you meet the requirements for this category.

H-1B VISA (WORK VISA)


DO I NEED A LABOR CERTIFICATE TO GET AN H1-B VISA?
WHAT DO YOU NEED TO GET AN H1-B VISA?
FOR HOW LONG IS THE H1-B VISA ISSUED?
HOW LONG CAN YOU STAY IN THE UNITED STATES ON AN H1-B VISA?
IF I APPLY FOR AN H1-B VISA, HOW CAN I BRING MY FAMILY TO THE US?
CAN I GET A GREEN CARD BY APPLYING FOR AN H1-B VISA?
HOW CAN YOU VERIFY THAT YOUR DIPLOMA MEETS U.S. STANDARDS?
I HAVE AN H-1B. MY SPOUSE, AS A CO-APPLICANT, RECEIVED AN H-4 VISA. IS HE ELIGIBLE TO WORK IN THE UNITED STATES ON THIS VISA?
CAN I GET AN H-1B WORK VISA WITH A COLLEGE DIPLOMA OR INCOMPLETE HIGHER EDUCATION?
WHAT IS THE PROCEDURE FOR APPLYING FOR AN H-1B VISA?

The H-1B work visa application process is initiated by the foreign professional’s prospective employer (he will be filing the petition). First of all, the employer must complete a lottery application for permission to file an H-1B petition. This lottery is held annually in March. Also, the employer must submit a statement of working conditions to the US Department of Labor.

Then, provided that the application won the lottery, the employer collects a package of necessary documents and sends the package for consideration to the US Citizenship and Immigration Service.

The petition is reviewed by the Immigration Service within 4-6 months. If approved, the employee must pass an interview at the American consulate to obtain a visa (approximately in October).

 

INVESTOR VISA (EB-5)


HOW MUCH DO YOU NEED TO INVEST TO PARTICIPATE IN THE EB-5 PROGRAM?
HOW TO CONFIRM THE LEGALITY OF THE SOURCE OF THE INVESTED FUNDS?
WHAT ARE THE REQUIREMENTS FOR PARTICIPATION IN THE EB-5 PROGRAM?
WHAT ARE THE REQUIREMENTS FOR OBTAINING AN EB-5 INVESTOR VISA WHEN INVESTING IN YOUR OWN COMPANY IN THE UNITED STATES?
WHAT IS A REGIONAL CENTER?
WHAT ARE THE CONDITIONS FOR INVESTING IN THE PROJECTS OF THE REGIONAL CENTERS?
WHAT IS THE RETURN ON INVESTMENT IN THE PROJECTS OF THE REGIONAL CENTERS?
IS IT POSSIBLE TO USE BORROWED FUNDS AS AN INVESTMENT UNDER THE EB-5 PROGRAM?
WHAT ARE THE GUARANTEES OF A RETURN ON INVESTMENT IN THE EVENT OF A REFU.S.L TO ISSUE AN EB-5 VISA?
HOW LONG DOES IT TAKE TO GET AN EB-5 VISA?

The EB-5 investor visa process consists of the following steps:

1) selection of the EB-5 Regional Center and investment project, investment of funds;

2) consideration of the petition at the US Immigration Service (at the beginning of 2021, this period is 24-36 months).

Note that while there is no fast-track process for EB-5 petitions, there is an option to invest in a Regional Center project that has special conditions for participation in the EB-5 program, according to which petitions from their investors must be processed on an expedited basis (approximately 6-9 months);

3) passing an interview and obtaining a visa at the United States consulate (in order of priority). If the applicant is already in the United States, then if the petition is approved, the applicant can apply for a change of status;

4) obtaining a conditional green card for a period of 2 years;

5) 21 months later, but no later than 24 months after receiving a conditional green card, you must file an I-829 petition to receive a permanent green card).

 

EB-1C EXECUTIVE VISA


HOW MUCH INVESTMENT IN AN AMERICAN COMPANY IS REQUIRED TO OBTAIN AN EB-1C VISA?
HOW CAN YOU BUY A READY-MADE BUSINESS OR FRANCHISE IN THE U.S.?
CAN YOU GET EB-1C WITHOUT INVESTMENT?
HOW CAN I PROVE MY EXPERIENCE AS A SUPERVISOR FOR EB-1C?
WHO IS THE EB-1C VISA SUITABLE FOR?
HOW CAN YOU PROVE YOUR AFFILIATION OUTSIDE OF THE UNITED STATES TO OBTAIN EB-1C?
WHICH COMPANY CAN ACT AS AN AFFILIATE COMPANY?
HOW LONG DOES IT TAKE TO GET AN EB-1C VISA IN THE UNITED STATES?
HOW LONG IS THE EB-1C VISA ISSUED FOR?
IF I APPLY FOR AN EB-1C VISA, HOW CAN I BRING MY FAMILY TO THE US?

If you receive an American EB-1c 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 live, work and study in the United States.

VISA FOR THOSE WITH OUTSTANDING ABILITIES (EB-1A)


WHAT DO YOU NEED TO GET AN EB-1A VISA IN THE U.S. (CRITERIA)?
HOW TALENTED DO YOU NEED TO BE TO GET AN EB-1A VISA?
DO YOU NEED AN EMPLOYER FOR AN EB1A VISA?
WHAT IS THE DIFFERENCE BETWEEN EB-1A AND EB-2 NIW VISAS?
HOW LONG IS THE EB-1A VISA ISSUED FOR?
IF I APPLY FOR AN EB-1A VISA, HOW CAN I BRING MY FAMILY TO THE UNITED STATES?
HOW LONG DOES IT TAKE TO GET AN EB-1A VISA?

Obtaining a manager visa EB-1a consists of the following steps: 

  • preparation of a petition (1-3 months);
  • consideration of the petition in the US Immigration Service (8-9 months or about 15 days in case of payment of the state duty for an expedited review);
  • interviewing and obtaining a visa at the United States Consulate (in order of priority). If the applicant is already in the United States, then if the petition is approved, the applicant can apply for a change of status (or the applicant can apply for a change of status along with the petition before a decision is made).

 

EB-2 / EB-3 SPECIALIST VISA


WHAT IS A LABOR CERTIFICATE AND WHY IS IT NEEDED?
WHAT IS REQUIRED TO OBTAIN A LABOR CERTIFICATE?
HOW DO I FIND A JOB / EMPLOYER IN THE U.S.?
HOW LONG DOES IT TAKE TO GET AN EB-2 OR EB-3 WORK VISA?
HOW LONG MUST I WORK FOR THE PETITIONING EMPLOYER?
CAN I TAKE A PART-TIME JOB WHILE CONTINUING TO WORK AT MY MAIN JOB?
IS IT POSSIBLE TO GET A WORK VISA WHILE WORKING REMOTELY?
IF I GET A WORK VISA, HOW CAN I BRING MY FAMILY TO THE US?
IS IT POSSIBLE TO GET AN EB-2 OR EB-3 WORK VISA WHEN WORKING FOR YOUR OWN COMPANY IN THE UNITED STATES?

No, obtaining an EB-2 or EB-3 work visa to work in your own company in the United States is prohibited by law.

NIW (NATIONAL INTEREST WAIVER)


WHAT IS THE DIFFERENCE BETWEEN EB-2 AND EB-2 NIW (NATIONAL INTEREST WAIVER) WORK VISAS?
HOW DO I GET AN EB-2 NIW VISA?
HOW LONG DOES IT TAKE TO ISSUE AN AMERICAN EB-2 NIW VISA?
WHAT IS THE DIFFERENCE BETWEEN EB-2 NIW AND EB-1A VISAS?
HOW LONG IS THE EB-2 NIW VISA ISSUED FOR?
IF I APPLY FOR AN EB2 NIW VISA, HOW CAN I BRING MY FAMILY TO THE US?

If you open an EB-2 NIW 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 long-term residence, work and study in the United States.

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