Visa for Investors in the US Business Enterprise (A minimum investment of $90,000 to $150,000 and higher)

Citizens of certain countries (see below) may invest a minimum of $90,000 to $150,000 into their own U.S. business and obtain an E-2 Investor visa for purposes of directing and developing the U.S.-based business, often with the guidance of an experienced E-2 visa attorney in Chicago, IL. You may open a new company or purchase an existing company. Our firm may assist you in opening your company in the U.S. or find a company you may purchase or partner with.

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, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxemburg, 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, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom.

Requirements for the E-2 Investor Visa.

No employees are necessary.
There is no requirement that the business have employees, although it gives more credibility to the business venture if the plan includes hiring employees sometime in the future.

A minimum of 50% ownership is required.
An E-2 Investor must own not less than 50% of the underlying business. However, the owner of the remaining 50% ownership may not be another E-2 investor.

Any business may qualify. 
Any type of business activity may qualify for the E-2 investor visa, including logistics, restaurant, consulting, accounting, home care, engineering, IT, construction, hospitality, mechanical repair, beauty industry, etc.

No specific education or training is required.
Although the USCIS may ask why the investor thinks he may be successful in his new venture in the U.S., there is no specific education, experience or training required for this visa.

Business Plan.
A business plan is required to demonstrate that the investor would not only be able to support himself, but that the business will grow significantly and will not be merely a means of generating a salary for the investor (not marginal enterprise).

Source of Funds.
The investor is required to demonstrate the source of funds for the investment. For example, the investor may show his bank account and explain that he got the funds from the sale of real estate or other assets, from business income, or from a salary. The money can also be borrowed, so loan documents would need to be prepared.

Start of Business Operations.

The USCIS wants to see your investment funds deposited into your U.S. business or personal account. The deposit should be consistent with at least the minimum requirements ($90,000 to $150,000) and consistent with the cashflow requirements stated in your business plan. It is preferred by the USCIS that you start your business operations and start spending your investment funds for business purposes (although it is not required). You may show equipment and other assets in lieu of or in addition to a cash deposit. Our attorneys and financial advisors may help you establish your business in the U.S.

Executive Functions.
The investor’s functions in his business would be those of an executive. He would be required to direct and develop the business. This would be generally reflected in the business plan.

Duration of Stay and Visa Extensions with the USCIS.
The E-2 visa is extended indefinitely in 2-year increments. There is no limit as to how many times an E-2 investor may get the visa extended, provided that the business follows the E-2 requirements.

Extensions at the point of entry.
Every time that you enter the United States with an E-2 visa, (regardless of how often you travel), you may get a visa extension stamped into your passport at the point of entry for 2-additional years each time.  However, for this visa, you will need to appear for consular processing at a U.S. Embassy the first time that you travel outside the U.S. so that you may re-enter the U.S. Please see the section immediately below.

Consular processing. 
Although the E-2 holder may stay in the U.S. indefinitely (subject to visa extensions), he must appear at a U.S. Embassy for consular processing before returning to the U.S. with the E-2 visa for the first time. He may or may not be subjected to an interview there. After receiving an E-2 visa at the U.S. Embassy, the E-2 visa holder will generally not be required to appear at the U.S. Embassy again pertaining to this E-2 visa.

Family of E-2 Investor.
The spouse and children under 21-years of age may enter the U.S. and stay in the U.S. during the E-2 visa validity period. Spouse and children may travel and enter the U.S. an unlimited number of times independently.

Work authorization for the spouse of an E-2 Investor.
The spouse receives work authorization to work for any U.S. employer for the duration of an E-2 visa.

Children or spouse of an E-2 holder may study in the U.S. Children or even spouse of the E-2 visa holder may enroll in any educational institution or program in the U.S. throughout the duration of the E-2 visa.

Change of Status and Green Card.
E-2 visa holder may change status to any other visa for which he may be qualified or adjust status to a Green Card based on any valid petition, such as an Immediate Relative Petition or Immigrant Petition for Alien Workers, for example. So, while the E-2 visa does not in itself lead to a Green Card, the E-2 holder is not precluded from seeking a Green Card through EB-2/EB-3 Labor Certification, EB-1C, or any other available means.

E-2 visa processing.

Unlike other visas, E-2 visa petition is filed with the USCIS only if the petitioner is in the U.S. Otherwise, the petition is filed with the U.S. Embassy. If the petition is in the U.S. while the petition is filed, but leaves the U.S. before the petition is adjudicated, the USCIS will not process the petition, and will advise the petitioner to apply at the U.S. Embassy.

Time.

It takes approximately 2-8 months to adjudicate the E-2 visa by the USCIS, depending on whether the matter was filed as premium processing and, on the information available in support of the petition, and on the general business of the USCIS. If the E-2 petition is filed with the U.S. Embassy, times vary from Embassy to Embassy, but in general, your E-2 visa may be processed within approximately 6 months.

Transfer of Intracompany Executives and Managers

L-1A and L-1B. The L-1A visa is for executives, such as presidents, CEOs, CFOs, executive VPs, etc. The USCIS defines an executive as someone who manages a hierarchy of staff. Practically, the executive must manage at least three employees to qualify for the L-1A visa. In contrast, the L-1B visa does not require management duties unless the job description includes them. The L-1B visa is for specialists or mid-level managers.

While the L-1A visa can lead directly to a green card (through the EB-1C process), the L-1B visa does not. However, a green card may be obtained through labor certification. Additionally, the L-1A visa requires that the business plan includes hiring at least three employees in the United States within approximately one year of obtaining the visa. The L-1B visa has no such requirement.​

*for foreign nationals who have worked aboard at a foreign affiliate of the sponsoring U.S. entity in an executive or managerial capacity.

The L-1A visa is intended for non-U.S. citizens who have previously worked in an executive or managerial capacity at a foreign affiliate of the sponsoring U.S. entity. An individual with executive capacity is able to make major decisions with minimal oversight, while an individual with managerial capacity can supervise and direct the work of other employees and manage an organization, department, subdivision, function, or other component of the organization.

Transfer of Intracompany Specialists and Middle Level Managers

Visa L-1B Intra Company Transfer of Specialists and Mid-Level Managers to the U.S.. The L-1B visa allows a U.S. affiliate of a foreign company to transfer employees with specialized knowledge to the United States to start a new office in the U.S. or work in an established one.

Time.
The L-1B visa is granted for 3 years, except when the employee with specialized knowledge comes to open a new office. When opening a new office, the maximum initial period of stay is one year. For all L-1b employees, status can be extended in increments of two years for a maximum of five years. It takes about 1-4 months to prepare the L-1B Visa petition, depending on the timing of the information provided by the client. Through expedited processing made available by USCIS for the L-1B Visa, one should expect an answer from the USCIS within about 60-days of the filing date, which would include responses to inquiries from the USCIS during the review period (Requests for Evidence).

Family. Spouses and unmarried dependent children (under 21) of L-1 visa holders may be eligible for L-2 classification, granting them the same validity period as the L-1 principal. L-2 dependents are not included in the L-1 petition, but they must apply for an L-2 visa at a U.S. consulate based on the L-1 principal's approval. Alternatively, they may file an Application to Extend/Change Nonimmigrant Status (Form I-539).

As of November 12, 2021, certain L-2 spouses are automatically authorized to work in the U.S. and no longer need separate employment authorization. However, they may still apply for an Employment Authorization Document (EAD) by filing Form I-765 if they wish to have evidence of their employment eligibility.

L-2 dependent children are granted the same visa validity period as the L-1 principal, up until they either turn 21 or get married, whichever happens first. While they cannot work in the U.S., they are permitted to attend school.

The validity of both L-1 and L-2 statuses depends on the ongoing employment of the L-1 visa holder. If the L-1 principal's employment ends or no longer meets L-1 visa requirements, both the L-1 and L-2 statuses will no longer be valid.

Requirements​

1. Affiliates.
   Minimum Common Ownership of 51%. To qualify, at least 51% of the shares or membership in the U.S. company must be owned by a foreign affiliate. In the alternative, common ownership may also be demonstrated where the same individuals own at least 51%  of both the U.S.-based and foreign companies.


2. 1 year of work experience abroad.
   Employees being transferred must have worked for the foreign affiliate for at least 1 year out of the preceding 3 years in a position where they engaged in work related to their specialized knowledge.


3.  Business Plan. 
   A business plan is needed, including a financial analysis for the U.S.-affiliated enterprise. BIRG LAW helps with the drafting of the business plan.


4. Funding the U.S. affiliated enterprise.
   While the USCIS states no specific amount, the amount of the investment into the U.S. affiliate needs to correspond with the business needs of the enterprise. The business plan would indicate the amount of money initially required based on sales projections, cash flow projections, and other financial indicators.

Visas for Intracompany Transfer of Executives, Managers, Specialists or Middle-Level Managers for Multi-National companies with a total gross revenue of $25 Million USD or higher.

Blanket petition" allows a U.S. company with a total annual gross revenue of $25 million U.S.D. to obtain authorization to bring workers to the U.S. from its foreign-affiliated companies without a need to file individual visa petitions for each employee.  The $25 million U.S.D. Gross revenue may be a combined revenue amount for all affiliated companies. The petitioner company must have at least 3 branches or affiliates (at least one being abroad). Unlike L-1A and L-1B, the Blanket Visa does not allow recently established companies to be petitioners. (However, the affiliates who are not the petitioner may be new companies.) One U.S.-based affiliate must have been operating for at least 1 year. The sponsored employees must have worked for a foreign affiliate for at least 1 year in the preceding 3-year period. A company with an approved L-1 Blanket Visa no longer needs to apply for each employee, but instead, the company would direct its employees to present themselves to the U.S. Embassy with the documents prepared by our law firm for consular processing. The employee may be given an interview by the consular officer.

• Affiliates
  Minimum Common Ownership of 51%. To qualify, at least 51% of the shares or membership in the U.S. company must be owned by a foreign affiliate, or a U.S. company may own 51% of a foreign affiliate. In the alternative, common ownership may also be demonstrated where the same individuals own at least 51% of both the U.S.-based and foreign companies.


• 1 year of work experience abroad.
  Employees being transferred must have worked for the foreign affiliate for at least 1 year out of the preceding 3 years (in a position where they engaged in work related to their future work in the U.S.).


• Business Plan.
  A business plan is needed, including a financial analysis for the U.S.-affiliated enterprise. BIRG LAW helps with the drafting of the business plan.


• EB-1C Visa for Executives and Managers.
  Executives have a direct pathway to permanent residency through the EB-1C category, specifically for multinational executives and managers. This green card option is ideal for executives who have held a qualifying role at a foreign office and are transferring to a U.S. branch. To qualify under the EB-1C category, the applicant must demonstrate they have been employed in an executive or managerial capacity for at least one year within the three years preceding their U.S. transfer.


• Green Card Through Labor Certification.


• Time.
  The L-1 Blanket Visa is granted for 3 years. This visa may be extended indefinitely.


• Family. Spouses and unmarried dependent children (under 21) of L-1 Blanket Visa holders may have the same validity period as the L-1 Blanket Visa principal.


• As of November 12, 2021, certain L-2 spouses are automatically authorized to work in the U.S. and no longer need separate employment authorization. However, they may still apply for an Employment Authorization Document (EAD) by filing Form I-765 if they wish to have evidence of their employment eligibility.


• L-2 dependent children are granted the same visa validity period as the L-1 Blanket Visa principal, up until they either turn 21 or get married, whichever happens first. While they cannot work in the U.S., they are permitted to attend school.


• The validity of both L-1 Blanket Visa and L-2 statuses depends on the ongoing employment of the L-1 Blanket Visa holder. If the L-1 principal's employment ends or no longer meets L-1 visa requirements, both the L-1 and L-2 statuses will no longer be valid.

For professionals with a minimum of a bachelor’s degree or work experience equivalent.
The H-1B visa is a nonimmigrant visa category that allows individuals to work temporarily in the United States. It is specifically designed for professional workers employed in specialty occupations. This visa is recognized as “dual intent,” meaning that it allows for the intention to immigrate at some point in the future while maintaining nonimmigrant status. The visa authorization is limited to the employment position described in the H-1B petition and the petitioning employer.

Requirements
To qualify for an H-1B visa, the individual must possess at least a bachelor’s degree or its equivalent in a specialty occupation. The occupation should require theoretical and practical application of highly specialized knowledge in a particular field, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, law, accounting, business specialties, theology, and the arts. In addition, the foreign national worker must hold a state licensure if required in the occupation.

How to Apply
Employers in the United States may sponsor foreign nationals for H-1B visas. The process involves filing a petition with the United States Citizenship and Immigration Services (USCIS) on behalf of the employee. The petition must include all necessary documents and fees. The USCIS will then review the petition and approve or deny the visa request. Spouses and unmarried minor children of H-1B visa holders may also apply for H-4 visas to reside and study in the United States but are not permitted to work. It is essential to note that the process of obtaining permanent residence (green card) can take many years, and renewing H-1B visas may be necessary while waiting for permanent residency.

Visa L-1B Intra Company Transfer of Specialists and Mid-Level Managers to the U.S.. The L-1B visa allows a U.S. affiliate of a foreign company to transfer employees with specialized knowledge to the United States to start a new office in the U.S. or work in an established one.

Time.
The L-1B visa is granted for 3 years, except when the employee with specialized knowledge comes to open a new office. When opening a new office, the maximum initial period of stay is one year. For all L-1b employees, status can be extended in increments of two years for a maximum of five years. It takes about 1-4 months to prepare the L-1B Visa petition, depending on the timing of the information provided by the client. Through expedited processing made available by USCIS for the L-1B Visa, one should expect an answer from the USCIS within about 60-days of the filing date, which would include responses to inquiries from the USCIS during the review period (Requests for Evidence).

Family. Spouses and unmarried dependent children (under 21) of L-1 visa holders may be eligible for L-2 classification, granting them the same validity period as the L-1 principal. L-2 dependents are not included in the L-1 petition, but they must apply for an L-2 visa at a U.S. consulate based on the L-1 principal's approval. Alternatively, they may file an Application to Extend/Change Nonimmigrant Status (Form I-539).

As of November 12, 2021, certain L-2 spouses are automatically authorized to work in the U.S. and no longer need separate employment authorization. However, they may still apply for an Employment Authorization Document (EAD) by filing Form I-765 if they wish to have evidence of their employment eligibility.

L-2 dependent children are granted the same visa validity period as the L-1 principal, up until they either turn 21 or get married, whichever happens first. While they cannot work in the U.S., they are permitted to attend school.

The validity of both L-1 and L-2 statuses depends on the ongoing employment of the L-1 visa holder. If the L-1 principal's employment ends or no longer meets L-1 visa requirements, both the L-1 and L-2 statuses will no longer be valid.​

Requirements

1. Affiliates.
   Minimum Common Ownership of 51%. To qualify, at least 51% of the shares or membership in the U.S. company must be owned by a foreign affiliate. In the alternative, common ownership may also be demonstrated where the same individuals own at least 51%  of both the U.S.-based and foreign companies.


2. 1 year of work experience abroad.
   Employees being transferred must have worked for the foreign affiliate for at least 1 year out of the preceding 3 years in a position where they engaged in work related to their specialized knowledge.


3.  Business Plan. 
   A business plan is needed, including a financial analysis for the U.S.-affiliated enterprise. BIRG LAW helps with the drafting of the business plan.


4. Funding the U.S. affiliated enterprise.
   While the USCIS states no specific amount, the amount of the investment into the U.S. affiliate needs to correspond with the business needs of the enterprise. The business plan would indicate the amount of money initially required based on sales projections, cash flow projections, and other financial indicators.