Investor Visas: Requirements & Benefits
This comparative chart provides an overview of three main types of investor visas, the E-2 visa, the L-1 visa (”start up L”) and the EB-5 (Job Creation visa). The chart highlights broad differences between requirements and benefits of investor visa categories. Other conditions may apply.
| Amount Invested | Special Requirements | Duration of Stay/Status | Participation in Investment Business | Future of Business | |
| E-2 Visa
Treaty Investor
|
Substantial investment: Sliding scale depending on the value of the business. The lower the value of the business, the higher the percentage of the business value must be invested. | Nationality & Treaty Based. Country information can be found on the Department of State website under “Reciprocity by Country.” (Not Brazil, China, Greece, Israel, India or Russia, among others.) | Temporary visa, but long duration of stay, dependent on business status and reciprocity of treaty country. | Active investor. The investor develops and directs the business by controlling it through 50% or more share of ownership, by managing operations, or by other corporate role. | Profitability requirement. Plan to make more than a livelihood, or have the capacity to make a significant economic contribution within five years. |
| L-1 Visa
Manager Intra-company Transferee
|
No new investment, but business must be able to support the wages of the L-1 manager & the business. Adequate premises leased, if establishing a new office. | Employed abroad by company related to the US company for one year in the last three in a managerial role or a role requiring specialized knowledge. | Temporary visa, up to seven years in US. Path to legal permanent residence through Multinational Manager Immigrant Visa (EB-1). |
Management role overseeing the organization or a department, or important function of the organization. | Entity must continue to operate as a going concern. |
| EB-5 Visa (Green Card) Job Creation |
$500,000 if in a targeted high unemployment rate or rural area; $1,000,000 elsewhere. At risk investment. |
Legitimacy of the investor’s source of funds must be proven with tax returns, inheritance documents, or other means. | Conditional permanent residence for two years. Legal permanent residence once conditions are cleared. | Passive Investor need only be engaged in policy-making decisions for the company, not daily management. | Job Creation: ten permanent, full time jobs must be created. Job creation may be indirect, if investment is in a Regional Center. |
© 2009 Chavin Immigration Law Office. This comparative chart provides legal information, not advice for any particular individual.
If you have questions on obtaining an investment-based visa, please contact:
Melissa Chavin Melissa@chavinimmigration.com
Tel. 1 (224) 436 1682.
On Twitter: http://twitter.com/chavinimmlawyer
WorldAtlas.com provided the graphic of the US map.
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