Immigration Law

Investment & Business-Based Immigration

Capital, Business and Executive Pathways

Treaty trader and investor visas, intracompany transfers, and investor green cards for founders, buyers, and operating U.S. businesses.

Capital and control

Structure the business, then structure the visa

Investment immigration works backwards from the business. The corporate structure, the source of the capital, the hiring plan, and the closing date all decide which category is available and when the case can be filed.

BIRG LAW reviews the deal and the immigration goal together, so that a purchase, a new entity, or a transfer from a foreign affiliate is set up to support the petition from the first day rather than being repaired afterwards.

Who this guide is for

Investors buying or building a U.S. business
Founders and shareholders of foreign companies
Executives and managers moving to a U.S. affiliate
Regional Center and direct EB-5 investors

Investment and business services

Investment and business pathways

E-1 E-2

Treaty pathways

L-1A L-1B L-1 Blanket

Intracompany transfers

EB-1C EB-5

Investor and executive green cards

See Full List of Visas →

On This Page

E-1 E-2

Treaty pathways

L-1A L-1B L-1 Blanket

Intracompany transfers

EB-1C EB-5

Investor and executive green cards

See Full List of Visas →

Trade and investment

Treaty pathways

Options for nationals of treaty countries who conduct substantial trade with the United States or invest in and direct a U.S. business.

E-1

Treaty Trader Visa

For substantial and continuing international trade between the United States and a treaty country.

Overview

The E-1 is a temporary visa for a national of a treaty country who comes to the United States to carry on substantial international trade. The trade must already be under way and must be principally between the United States and the applicant's treaty country.

The applicant has to show a substantial commitment to that trade and must enter solely to carry it on and direct it. The activity should represent a significant proportion of the applicant's business rather than an occasional transaction.

Core requirements

Nationality of a qualifying treaty country.
A substantial and continuing volume of international trade.
Trade principally between the United States and the treaty country.
Entry solely to carry on and direct the treaty trade.

Treaty countries

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, China (Taiwan only), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.

E-2

Treaty Investor Visa

Invest in and direct a real U.S. operating business.

Overview

Citizens of an E-2 treaty country may invest in their own U.S. business and enter the United States to direct and develop it. The investment normally starts at $90,000 to $150,000 and may go into a newly formed company or into an existing company that is purchased or joined as a partner.

Almost any genuine operating activity may qualify — logistics, restaurants, consulting, accounting, home care, engineering, IT, construction, hospitality, mechanical repair, or the beauty industry. No particular education or training is required, and the business does not have to employ staff on day one, although a hiring plan makes the venture more credible.

Requirements

Citizenship of an E-2 treaty country.
At least 50% ownership of the enterprise, and the other half not held by a second E-2 investor.
A business plan showing real growth rather than a marginal, salary-only enterprise.
A documented lawful source of funds, including loan papers when the money is borrowed.
Investment funds actually deposited into the U.S. business or its account.
An executive role directing and developing the business.

Filing and timing

USCIS accepts the petition only while the investor is in the United States; otherwise it is filed with a U.S. embassy.
USCIS adjudication usually runs two to eight months, faster with premium processing.
Consular cases vary by post and commonly take about six months.
The first trip abroad after approval requires consular processing before returning on the E-2.

Status, family and green cards

The E-2 is extended indefinitely in two-year increments while the business keeps meeting the requirements, and each entry to the United States can add two more years at the port of entry. A spouse and children under 21 may live, study, and travel independently, and the spouse receives work authorization for any U.S. employer.

The E-2 does not itself lead to a green card, but it does not block one: the holder may still change status or adjust through EB-2 or EB-3 labor certification, EB-1C, a family petition, or any other available route.

Eligible countries

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom.

Executives and specialists

Intracompany transfers

Moving executives, managers, and specialists from a foreign company into a related U.S. entity, whether it is an established office or a new one.

L-1A

Intracompany Executives and Managers

Transfer an executive or manager from a qualifying foreign affiliate to a related U.S. company.

Overview

The L-1A moves an executive or manager from a foreign company to a related U.S. entity. An executive makes major decisions with limited oversight; a manager supervises staff or directs a department, function, or other component of the organization. In practice USCIS expects an executive to manage a hierarchy, and the firm looks for at least three subordinate employees.

The L-1A leads directly to a green card through the EB-1C category, and a business plan for a new U.S. office is expected to include hiring roughly three employees within about a year of the visa being granted.

Requirements

A qualifying parent, branch, subsidiary, or affiliate relationship between the companies.
One continuous year of employment abroad within the preceding three years.
An executive or managerial role both abroad and in the United States.
A business plan with a financial analysis for the U.S. entity, including how it is funded.

Application sequence

The employer files Form I-129 describing the executive or managerial role, with the corporate evidence and the fees.
The employer receives the receipt number and, on approval, the notice for the applicant.
The applicant completes Form DS-160 online when consular processing applies.
The applicant attends the visa interview with the full L-1 document set.

New office considerations

When the transfer is made to open a new U.S. office, the employer must secure physical premises, the prior role abroad must meet the executive or managerial test, and the U.S. office must be able to support an executive or managerial position within one year of the approved petition.

L-1B

Specialized Knowledge Employees

Transfer a specialist or mid-level manager whose knowledge of the company is advanced and distinctive.

Overview

The L-1B lets a U.S. affiliate of a foreign company bring in an employee with specialized knowledge of the organization's products, services, techniques, equipment, management, or interests, either to open a new U.S. office or to work in an established one.

Status is normally granted for three years, or one year when the employee is opening a new office, and it may be extended in two-year increments up to a maximum of five years. Preparing the petition usually takes one to four months; with USCIS premium processing a decision generally follows within about 60 days of filing, including any response to a Request for Evidence.

Requirements

At least 51% common ownership between the U.S. and foreign companies, or the same individuals owning at least 51% of both.
One year of work abroad for the foreign affiliate within the preceding three years, related to the specialized knowledge.
A business plan with a financial analysis for the U.S. affiliate.
Funding of the U.S. entity consistent with the sales and cash-flow projections in that plan.

Family

Spouses and unmarried children under 21 may hold L-2 status for the same period as the principal. Since 12 November 2021 qualifying L-2 spouses are automatically authorized to work and may still file Form I-765 for an Employment Authorization Document as evidence. L-2 children may study but not work, and both statuses depend on the principal's continuing L-1 employment.

L-1 Blanket

Blanket Petition for Multinational Companies

One approval covering repeated transfers for groups with $25 million or more in gross revenue.

Overview

A blanket petition lets a U.S. company with total annual gross revenue of $25 million or more bring employees from its foreign affiliates without filing a separate petition for each person. The revenue may be combined across all affiliated companies, and the group must have at least three branches or affiliates, one of them abroad.

Unlike L-1A and L-1B, a blanket petition is not open to a recently established petitioner, although the affiliates it covers may be new companies. Once the blanket is approved, employees present the documents prepared by the firm directly at a U.S. embassy for consular processing and may be interviewed there.

Requirements

Combined annual gross revenue of at least $25 million across the affiliated companies.
At least three branches or affiliates, including at least one outside the United States.
At least 51% common ownership between the U.S. and foreign entities.
One U.S. affiliate that has been operating for at least one year.
One year of employment with a foreign affiliate in the preceding three years for each transferred employee.

Duration and family

The blanket visa is granted for three years and may be extended indefinitely. Spouses and unmarried children under 21 hold L-2 status for the same period; L-2 spouses are automatically work-authorized and may file Form I-765 for evidence, while L-2 children may study but not work.

Permanent residence

Investor and executive green cards

Permanent-residence categories for multinational executives and for investors whose capital creates U.S. jobs.

EB-1C

Green Card for Managers and Executives

Permanent residence for multinational managers and executives transferred to a U.S. company.

Overview

EB-1C is the permanent-residence route for an executive or manager employed by a qualifying foreign entity and transferred to a related U.S. company. It is the natural next step for an L-1A holder, and it does not require labor certification.

The petition turns on the corporate relationship, the substance of the role held abroad, and the executive or managerial content of the U.S. position.

Requirements

One year of qualifying employment abroad within the three years preceding the transfer.
A qualifying relationship between the foreign and the U.S. company.
An executive or managerial role in the United States.
A U.S. employer that has been doing business for at least one year.

EB-5

Immigrant Investor Green Card

Permanent residence through a qualifying capital investment that creates U.S. jobs.

Overview

The EB-5 program grants permanent residence to an investor whose capital creates full-time employment for at least ten qualifying U.S. workers. The investment is $1,000,000, or $500,000 where the money goes into a high-unemployment or rural area.

The capital may establish a new business, buy an existing one and change it substantially, or expand an existing one and change its net worth or headcount significantly. Passive real estate holdings and share ownership do not qualify, and funds may be held in escrow until permanent residence is approved.

Direct investment or Regional Center

An investor may invest directly into a new commercial enterprise and document the jobs through the business itself, or invest through a designated Regional Center — a public or private entity approved by USCIS to promote economic growth, regional productivity, job creation, and domestic capital investment.

BIRG LAW compares the two structures against the investor's goals, timeline, and tolerance for operating involvement before any money moves.

Requirements

A qualifying investment amount for the chosen location.
A lawful, fully documented source of the invested funds.
Creation of ten full-time positions for qualifying U.S. workers.
Active participation in the enterprise, including a role on its board of directors.
Evidence that the investment stayed capitalized and the business viable, filed before the end of the second year of conditional residence.

Not sure which investment path fits?

Compare capital requirements, control, timing, and the route to a green card through the BIRG Method.

Direct index

Compare all services

Jump directly to any topic in this Investment and Business Immigration guide.

E-1 · Treaty Trader Visa

E-2 · Treaty Investor Visa

L-1A · Intracompany Executives and Managers

L-1B · Specialized Knowledge Employees

L-1 Blanket · Blanket Petition for Multinational Companies

EB-1C · Green Card for Managers and Executives

EB-5 · Immigrant Investor Green Card

See Full List of Visas →

This page is general information about immigration options and is not legal advice.