Investment Immigration - EB 5 Immigration

Immigrant petitions of foreign investors, also known as the EB-5 immigrant visas, have successfully helped many immigrants and their families move to America permanently while contributing to creation of new jobs and assisting the industrial development in their new communities. EB5 investor visa became extremely popular due to the benefits (green card) it offers. Applicants for the EB-5 visas require no sponsor, have no language or minimum education requirement, and lack the long waiting periods that plague other visa programs. However, the largest benefits come after an EB-5 visa investment has been approved. Investors and their families can live and work in America for two years as temporary residents, and then petition the U.S. government for the Legal Permanent Resident (LPR) status towards the end of the temporary period. Finally, after five years combined in temporary and LPR status, they like other LPRs may become eligible to become U.S. citizens.

EB-5 Investor Visa program

Immigrant petitions of foreign investors, also known as the EB5 immigrant visas, have successfully helped many immigrants and their families move to America permanently while contributing to creation of new jobs and assisting the industrial development in their new communities. EB5 investor visa became extremely popular due to the benefits (green card) it offers.

Applying for Work-Based Nonimmigrant Visa as an Investor or Entrepreneur

The primary nonimmigrant classification for investors and entrepreneurs is the E-2 (E2) Treaty Investors classification. However, provided that the requirements are met, an alien seeking to enter the United States as an investor or entrepreneur may instead apply for an H-1B (H1B), L-1 (L1A or L1B), or O-1 (O1) visa. This is especially important for investors and entrepreneurs who are not nationals of a treaty country in order to qualify for an E2 visa. However, because the H1B, L1, and O1 classifications all require an “employer-employee relationship” both in order to obtain a visa and to maintain status, investors and entrepreneurs may have difficulty meeting the requirements for those classifications where they have a significant ownership stake in the petitioning entity. This article will address special considerations for investors and entrepreneurs seeking to obtain one of those three nonimmigrant employment visas.

E2 Treaty Investors Visa

The E2 (E-2) Treaty Investors visa is a nonimmigrant visa for nationals of countries with which the United States maintains a treaty of commerce and navigation who intend to enter the United States in order to invest their own funds (such that the invested funds are at risk) into a U.S. enterprise. The E2 visa is also available for certain employees of the principal E2 investor from the same country of nationality, or for employees of an individual or company abroad that would qualify as an E2 treaty investor. For those who are eligible, the E2 visa is a powerful tool for investing money in the United States. This article will explain the requirements for qualifying as an E2 Treaty Investor, the E2 treaty investor application process, and the rules for being on and maintaining E2 status (including derivative E2 visas for family members).

E2 Employees of Treaty Investors

The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for nationals of qualified treaty countries who intend to invest money in a U.S. enterprise. The E2 visa is also available for employees of E2 treaty investors and for employees of qualifying organizations or investors abroad that do not have E2 visas but are qualified to petition for and employ E2 beneficiaries. This article will explain the requirements for eligibility to petition for and hire E2 employees, the requirements for qualifying as an E2 employee, and the rules and regulations for being on E2 status as an employee (including information about E2 family members).

Using the EB1 and EB2 Preference Categories as an Investor or Entrepreneur

Certain investors and entrepreneurs may be eligible to use the first preference (EB1) or second preference (EB2) employment immigration categories to meet their immigration goals. For those businesspeople who meet the eligibility requirements, the EB1 and EB2 categories are very attractive due to the EB1 category not requiring labor certification and the EB2 category having a “national interest waiver” from the labor certification requirement. This article will explain the special considerations for such businesspeople who are considering applying under the EB1 or EB2 categories.

Analysis of Proposed EB5 Rule Titled "EB-5 Immigrant Investor Program Modernization"

On January 13, 2017, the Department of Homeland Security published a notice of proposed rulemaking in the Federal Register titled “EB-5 Immigrant Investor Program Modernization.” The rule was open for public comment until April 11, 2017. The DHS will examine the comments and incorporate them toward creating a new final rule affecting the EB5 program. The notice of proposed rulemaking proposed changes to key aspects of the EB5 program. In this article, we will examine the significant changes in the notice of proposed rulemaking and discuss briefly what these changes may mean for the future of the EB5 program if they are adopted.

Form I-529/I-826 Performance Statistics (fy 2008-Q1 2017) and EB5 Visa Issuance Statistics (fy 2016)

The United States Citizenship and Immigration Services (USCIS) recently released comprehensive performance statistics for the Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions. The statistics include information from fiscal year 2008 to the first quarter of the current fiscal year, 2017. Furthermore, we will examine detailed visa issuance statistics from the Department of State (DOS) for fiscal year 2016. In this post, I will include the charts as well as a few notes on the statistics.

DHS Delays Effective Date of International Entrepreneur Rule (for parole of certain entrepreneurs)

On August 31, 2016, the Department of Homeland Security (DHS) published a proposed rule titled the International Entrepreneur Notice of Proposed Rulemaking. On January 17, 2017, three days before President Donald Trump took office, the DHS published a substantially similar final version of the rule that was slated to take effect on July 17, 2017. Briefly, the rule would have allowed certain international entrepreneurs who had substantial ownership interests in a start-up entity in the United States to seek immigration parole under section 212(d)(5) of the Immigration and Nationality Act (INA) to grow their start-ups. Under the provisions in the rule, the DHS would have granted parole to those entrepreneurs in cases where it determined that the granting of parole would serve a significant public interest. Essentially, the rule would have constituted a special parole program for certain international entrepreneur.