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Investor & Entrepreneur Visas
The United States offers several immigration avenues for investors and entrepreneurs from around the world looking to invest in the U.S. economy, each with unique benefits and requirements. Vinland Immigration will advise you on the correct visa type for your needs.
Common Investor Visas & Green Cards
Adjustment of Status
This process allows individuals already in the U.S. on a temporary visa (such as a K-1 fiancé(e) visa) to apply for lawful permanent resident status (a Green Card) without needing to return to their home country to complete visa processing. This is common among family members of U.S. citizens or permanent residents after a change in marital status or other qualifying events.
What is the Adjustment of Status process?
Adjustment of Status (AOS) is a legal procedure that allows an eligible individual who is already in the United States to change their immigration status to that of a lawful permanent resident (green card holder) without having to return to their home country for visa processing. This process is applicable to individuals who meet eligibility requirements based on family relationships, employment, or other qualifying categories.
Who can apply for an Adjustment of Status?
Eligibility for Adjustment of Status is generally available to individuals who have a valid immigrant visa petition approved, such as an I-130 or I-140 petition, and are currently in the United States. Applicants must have lawfully entered the U.S. and maintained lawful status, among other requirements. Certain categories, like asylees or refugees, may also adjust status under different eligibility criteria.
Can I work with the Adjustment of Status application?
Yes, applicants undergoing the Adjustment of Status process can apply for an Employment Authorization Document (EAD) by filing Form I-765. This document allows them to work legally in the U.S. while their application is pending. The EAD typically needs to be renewed annually until the green card is granted.
What are the benefits of Adjustment of Status application?
The primary benefit of adjusting status is the ability to legally reside and work in the U.S. as a permanent resident. This status provides stability and a pathway to citizenship, along with the benefits of residing in the U.S. such as access to education, social services, and the ability to travel in and out of the country more freely.
Do you need a petitioner for the Adjustment of Status application, and if so, who can be the petitioner?
Yes, most Adjustment of Status applications require a petitioner, who is often the same individual or entity that sponsored the initial immigrant petition. For family-based adjustments, this would be a U.S. citizen or lawful permanent resident family member. For employment-based adjustments, this would be the U.S. employer.
How can I apply for Adjustment of Status application?
To apply for Adjustment of Status, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This can be filed concurrently with an immigrant petition (like an I-130 or I-140) if eligible, or after such a petition is approved and a visa number is available. Applicants must include all required documents and evidence to demonstrate their eligibility.
How many of the Adjustment of Status applications are issued per year?
While there is no cap on the number of Adjustment of Status applications USCIS can approve annually, the number of green cards issued each year is limited by category and country-specific caps, particularly in family-sponsored and employment-based immigration categories, as outlined in the annual numerical limits set by Congress.
How much does Adjustment of Status cost?
The cost for filing an Adjustment of Status application includes the filing fee for Form I-485, which is currently $1,140 for most applicants, and a biometric services fee of $85. Additional costs may be incurred for medical examinations, translation of documents, and legal fees if the applicant chooses to hire an attorney to assist with the process. Applicants should consult the latest fee schedule on the USCIS website or discuss with an immigration lawyer to understand all associated costs.
B-1 Business Visa
This visa category is for companies looking to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, or medicine.
What is the B-1 visa?
The B-1 visa is a nonimmigrant visa intended for foreign nationals planning to enter the United States for temporary business activities such as consultations with business associates, attending professional, educational, or business conventions/conferences, settling an estate, or negotiating contracts. It is crucial to note that this visa does not permit employment in the U.S.
Who can apply for the B-1 visa?
The B-1 visa is available to any foreign national who intends to engage in business activities of a commercial or professional nature in the United States. Applicants must demonstrate that they have a residence outside the U.S. that they have no intention of abandoning and that they intend to depart the U.S. after their temporary stay. They must also prove sufficient financial means to support themselves during their stay.
How long is the B-1 Visa valid for?
The initial entry on a B-1 visa usually allows a stay of up to six months as determined by a Customs and Border Protection (CBP) officer at the port of entry. This period can be extended for a further six months upon application with U.S. Citizenship and Immigration Services (USCIS). The total stay, however, is typically limited to one year.
Can I work with the B-1 visa?
No, the B-1 visa strictly prohibits any form of employment in the United States. It is designed for business activities like attending meetings or conferences, negotiating contracts, and other similar tasks that do not involve entering the U.S. labor market.
What are the benefits of the B-1 visa?
The primary benefits of the B-1 visa are its flexibility and convenience for business-related travel to the United States. It facilitates the international business community’s access to the U.S. market for short periods, helping promote cross-border collaboration and economic exchange.
Do you need a petitioner for the B-1 visa and if so, who can be the petitioner?
No petitioner is required for the B-1 visa. Applicants apply independently and must personally satisfy the visa requirements, demonstrating their purpose of travel and intent to return to their home country after their visit.
How can I apply for the B-1 visa?
To apply for a B-1 visa, applicants need to complete the Online Nonimmigrant Visa Application, Form DS-160, and schedule a visa interview at the nearest U.S. embassy or consulate in their home country. During the interview, applicants must provide proof of their business activities and intentions in the U.S. and demonstrate strong ties to their home country.
How many B-1 visas are issued per year?
The number of B-1 visas issued annually varies based on several factors, including immigration policy changes and international economic conditions. There is no statutory cap, but the numbers can fluctuate significantly from year to year.
How much does the B-1 visa government fees cost?
The application fee for the B-1 visa is $160. This fee is non-refundable and is required for each visa application. Additional fees may apply for visa issuance, depending on the applicant’s nationality and reciprocal agreements between the U.S. and other countries.
E-1 Treaty Trader Visa
This visa caters to individuals from treaty countries engaged in substantial trade, including goods, services, and technology, mainly between the U.S. and the treaty country. It allows traders and their employees to stay in the U.S. for extended periods, provided the trade continues at a substantial level.
What is the E-1 Treaty Trader visa?
The E-1 Treaty Trader Visa is a nonimmigrant visa that enables nationals from countries that have a commerce and navigation treaty with the United States to enter the U.S. for the purpose of conducting substantial trade. This includes trade in goods, services, and technology, primarily between the U.S. and the treaty country. The visa aims to enhance economic interactions and strengthen relationships between the U.S. and the treaty countries.
Who can apply for E-1 Treaty Trader visa?
Eligibility for the E-1 Treaty Trader Visa is restricted to citizens of countries with which the United States maintains treaties of commerce and navigation. Applicants must be coming to the U.S. to engage in substantial trade activities, which are quantitatively and qualitatively significant. This includes a high volume of trades or transactions that are fundamental to the U.S.-treaty country trade relationship.
How long are is the E-1 Treaty Trader visa valid for?
The E-1 Treaty Trader Visa is typically issued for up to two years at a time, but it can be renewed indefinitely. Renewals require proof that the trade conditions continue to be met. There is no maximum limit on the number of years an individual can stay in the U.S. under an E-1 visa as long as their trade activities continue to meet the visa requirements.
Can I work with the E-1 Treaty Trader visa?
Yes, individuals on an E-1 Treaty Trader Visa can work legally in the United States. However, the employment is restricted to the activity for which the visa was approved—namely, the trade operations between the treaty country and the U.S. The visa holder cannot engage in any other employment without additional authorization.
What are the benefits of the E-1 Treaty Trader visa?
The E-1 Treaty Trader Visa offers several benefits: it facilitates the entry and stay of business persons who are actively engaged in trade activities between the U.S. and treaty countries. Visa holders can bring their spouse and unmarried children under 21 years old, who may attend school in the U.S. Spouses of E-1 visa holders may also apply for work authorization, enhancing the family’s ability to integrate during their stay in the U.S.
Do you need a petitioner for the E-1 Treaty Trader visa and if so, who can be the petitioner?
The E-1 Treaty Trader Visa does require a petitioner, which typically is the U.S. trading company that the applicant will represent. The petitioner must prove that the business exists and is operational and that it engages in substantial trade primarily between the U.S. and the treaty country.
How can I apply for the E-1 Treaty Trader visa?
To apply for an E-1 Treaty Trader Visa, the applicant or the participating company must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) if the trader is already in the United States. For applicants outside the U.S., the application process involves applying directly at a U.S. consulate or embassy. Documentation demonstrating substantial trade and the treaty status of the home country is required.
How many of E-1 Treaty Trader visa are issued per year?
There is no statutory cap on the number of E-1 visas that can be issued each year. This absence of a limit facilitates robust trade relationships between the U.S. and treaty countries, allowing businesses to operate without restrictions on the number of qualified traders they can employ in the U.S.
How much does the E-1 Treaty Trader visa cost?
The primary cost involved in applying for an E-1 Treaty Trader Visa is the $460 filing fee for the Form I-129. Additional costs may include fees for visa issuance based on reciprocity between the U.S. and the treaty country, as well as legal and advisory fees to ensure compliance and optimize the application process.
E-2 Treaty Investor Visa
Available to nationals of countries with which the U.S. maintains a treaty of commerce, the E-2 visa allows for a substantial investment in a U.S. business. The investor must come to the U.S. to develop and direct the business, with the visa allowing for renewal indefinitely as long as the business operates.
What is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa is a nonimmigrant visa available to nationals of countries that have a treaty of commerce and navigation with the United States. This visa allows individuals to enter the U.S. to direct and develop an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. It is designed to strengthen economic ties and facilitate cultural exchange between the U.S. and treaty countries.
Who can apply for the E-2 Treaty Investor Visa?
Eligibility for the E-2 Treaty Investor Visa requires the applicant to be a national of a treaty country and to have made a substantial investment in a U.S. business. Applicants must demonstrate that the investment is significant enough to influence the business’s success and that the business is capable of generating more than enough income to provide a living for the applicant and their family or it must have a significant economic impact in the United States.
How long is the E-2 Treaty Investor Visa valid for?
The initial validity of the E-2 Treaty Investor Visa ranges from two to five years, depending on the treaty between the U.S. and the investor’s country. The visa can be renewed indefinitely in increments of up to five years as long as the visa holder maintains the investment and the business remains viable and continues to meet all treaty visa requirements.
Can I work with the E-2 Treaty Investor Visa?
Yes, E-2 Treaty Investor Visa holders are permitted to work legally in the United States strictly within the business in which they have invested. This visa does not generally allow the holder to engage in employment outside the investment enterprise.
What are the benefits of the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa offers numerous benefits, such as the ability to own and manage a U.S. business, the potential for visa renewal indefinitely, and the opportunity for the investor’s spouse and unmarried children under 21 to live in the U.S. and for the spouse to seek employment authorization. Additionally, the visa holder can travel in and out of the U.S. as needed.
Do you need a petitioner for the E-2 Treaty Investor Visa and if so, who can be the petitioner?
Unlike many other visa categories, the E-2 Treaty Investor Visa does not require a traditional employer petitioner. Instead, the investment enterprise itself acts as the petitioner. The investor must show that they have a controlling interest in the business (i.e., they must own at least 50% of the business or possess operational control through a managerial position).
How can I apply for the E-2 Treaty Investor Visa?
Applying for an E-2 Treaty Investor Visa involves submitting a comprehensive application to the U.S. Citizenship and Immigration Services (USCIS) if in the United States or directly to a U.S. consulate or embassy if abroad. The application must include detailed documentation of the investment, the business plan, the applicant’s nationality, and their role in the business. An in-person interview at the U.S. embassy or consulate is also typically required.
How many of the E-2 Treaty Investor Visas are issued per year?
There is no cap on the number of E-2 Treaty Investor Visas that can be issued annually. This facilitates the continual entry of investors and their families based on the business needs and treaty agreements.
How much does the E-2 Treaty Investor Visa government cost?
The cost of an E-2 Treaty Investor Visa includes a filing fee for the initial petition, which is currently $460. Additional costs may include fees for visa issuance, biometric services, and legal representation. It is advisable for potential applicants to budget for these expenses and any costs related to preparing the necessary documentation and business plan.
EB-1A Extraordinary Ability (Green Card)
The EB-1A category is designated for individuals with extraordinary ability in their fields, such as science, arts, education, business, or athletics, allowing them to self-petition for U.S. permanent residency without a job offer.
What is an EB-1A?
The EB-1A is a preference category for United States employment-based permanent residency. It is intended for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This category provides an expedited route to a green card for those who can demonstrate that their achievements have been recognized in their field through extensive documentation.
Who qualifies for an EB-1A?
Qualification for the EB-1A requires individuals to demonstrate extraordinary ability by providing evidence of a one-time achievement (such as a major internationally recognized award), or at least three of ten criteria set by USCIS, such as lesser nationally or internationally recognized prizes, membership in associations requiring outstanding achievements, published material about the person, and original contributions of major significance in their field, among others.
What is the validity period of an EB-1A?
The EB-1A grants permanent residency in the United States. Once granted, the green card holder must maintain their status by living in the U.S. and may be subject to certain conditions like renewing their green card every ten years. It also opens the path to U.S. citizenship after maintaining permanent residency status for a required number of years.
Can you work under an EB-1A?
Yes, individuals who obtain an EB-1A visa are allowed to work in the United States in the field of their extraordinary abilities. This visa provides significant flexibility, allowing the holder to work in their profession and make contributions to their industry without the need for employer sponsorship.
What are the advantages of an EB-1A?
The EB-1A offers several advantages, such as the ability to self-petition, which eliminates the need for a job offer or employer sponsorship. This is particularly beneficial for freelancers, entrepreneurs, and individuals who wish to continue their work independently. Additionally, the EB-1A typically experiences faster processing times compared to other green card applications and has a higher priority due to its first-preference classification.
Is there a petitioner requirement for an EB-1A?
No, one of the unique features of the EB-1A category is that applicants are allowed to self-petition. This means that they do not require an employer to sponsor their application. Applicants can file for permanent residency on their own behalf, highlighting their extraordinary abilities and their intention to continue working in their field in the United States.
What is the application process for an EB-1A?
The application process for an EB-1A visa involves filing Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). Applicants must compile comprehensive documentation demonstrating their extraordinary ability and sustained acclaim in their field. Following approval of the I-140, those residing outside the U.S. can apply for an immigrant visa, whereas those within the U.S. can adjust their status to that of a permanent resident.
What is the annual issuance limit for EB-1A?
The EB-1A is part of the broader EB-1 category, which has an annual limit of about 40,000 visas, including adjustments for any unused visas from the EB-4 and EB-5 categories. This cap is subject to legislative changes and can fluctuate based on visa usage and immigration policy.
What is the cost of applying for EB-1A?
The government filing fee for an EB-1A application (Form I-140) is $715. Additional costs may include fees for biometrics, necessary documentation, legal services if utilized, and potentially the medical examination required for adjusting status within the United States. These costs can vary significantly based on individual circumstances and the need for legal representation.
EB-5 Immigrant Investor Program
Tailored for individuals making a substantial investment in a new commercial enterprise in the U.S. that creates or preserves at least 10 full-time jobs for American workers. The required investment amount is $1.8 million, or $900,000 in a targeted employment area (TEA). This program directly leads to permanent residency, appealing to those looking to make significant financial contributions to the U.S. economy.
What is an EB-5?
The EB-5 visa program offers a pathway to U.S. permanent residency for foreign investors who make a significant financial investment in a new commercial enterprise in the United States that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. This program aims to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Who qualifies for an EB-5?
To qualify for an EB-5 visa, foreign investors must invest $1.8 million, or $900,000 in a targeted employment area (TEA) which is either rural or has high unemployment. The investment must lead to the creation of at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.
What is the validity period of an EB-5?
The EB-5 visa initially grants conditional permanent residency to the investor and their eligible family members for a two-year period. Upon successful demonstration of the investment’s impact, including job creation or preservation, the conditions can be removed, allowing the investor and their family to transition to unconditional permanent residency.
Are you able to work under an EB-5?
Yes, EB-5 investors are permitted to work in the United States. The primary focus of the EB-5 visa is on the investment and its economic impact, rather than the investor’s employment, allowing them freedom regarding employment opportunities.
What are the advantages of an EB-5?
The EB-5 visa provides a direct route to U.S. permanent residency for the investor, their spouse, and unmarried children under 21. This program is particularly advantageous as it allows investors to live, work, and study anywhere in the U.S. and contributes to the U.S. economy through substantial job creation.
Is there a petitioner requirement for an EB-5?
Investors themselves act as petitioners for the EB-5 visa. They must file Form I-526, Immigrant Petition by Alien Investor, demonstrating their investment’s compliance with the EB-5 program requirements, including evidence of job creation and the lawful source of investment funds.
What is the application process for an EB-5?
The EB-5 application process is complex and often requires collaboration with various professionals such as immigration attorneys, economic analysts, and business plan writers. Initially, the investor files Form I-526. Upon approval, if outside the U.S., they can apply for an immigrant visa; if inside, they can adjust their status. After two years, they must file Form I-829 to remove conditions on their residency.
What is the annual issuance limit for an EB-5?
The EB-5 program is capped at approximately 10,000 visas annually. This total includes visas issued to the main investors and their immediate family members (spouse and unmarried children under 21).
What is the cost of applying for an EB-5?
The current filing fee for Form I-526, the initial petition for the EB-5 visa, is $3,675. This fee is exclusive of the substantial investment required, as well as additional administrative, legal, and processing fees, which can vary greatly depending on the specifics of the investment project and the services of professionals engaged.
