Investment-Based Visas
Foreign investors wishing to come to the United States on the basis of for-profit activity have the E-2 and EB-5 visas reserved for them. The United States created these visas for the purpose of stimulating the U.S. economy through the creation of new jobs and capital investment by foreign investors.
E-2 Treaty Investor Visa
The E-2 visa allows a foreign investor of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in either a new or existing U.S. business.
The amount of time an E-2 visa can be granted for varies by country and depends on the treaty between the foreign investor’s country and the United States. Some countries issue E-2 visas for as little as 3 months while other countries allow foreign investors to get an E-2 visa for up to 5 years. An E-2 visa can be renewed and extended indefinitely as long as the foreign investor continues to satisfy the E-2 visa’s requirements.
As long as the E-2 visa is valid, the foreign investor and his dependents may travel freely in and out of the United States. They are given the privilege of living outside of the United States for an undetermined amount of time since they can come and go as they please.
Dependents of an E-2 investor need not have the same nationality as the investor to be granted an E-2 dependent visa. Additionally, E-2 dependents are permitted to engage in full-time study. Only the spouse may work in the United States as a dependent.
EB-5 Investor Visa
Foreign investors pursuing lawful permanent residence in the U.S. may be eligible for an EB-5 visa if they invest in a new commercial enterprise that is considered a for-profit organization. The minimum investment required is $1.8 million or $900,000 in a targeted employment area (“TEA”). A TEA can be either a rural area or an area that has experienced high unemployment (defined as at least 150% of the national average unemployment rate).