Investors in a U.S. business enterprise can obtain an E nonimmigrant visa and/or an EB-5 investor green card visa. The two are very different processes, have very different threshold requirements, and involve significantly different investment of funds. We strategize with prospective clients to determine which visa type is the best option, based on financial wherewithal, short- and long-term interests, the nationality of the client, and the particular needs of the investor’s family members.
An E nonimmigrant investor must be a national of one of the 100 or so countries that have a bilateral Friendship, Commerce, and Trade Treaty with the U.S. Specific qualifications are required of the foreign national (such as must be coming to the U.S. to direct their business, engage in substantial trade, or be a special skilled employee). However, an investment as little as $100,000 can qualify.
The EB-5 investor green card requires an investment of $1,800,000 (or $900,000 under certain programs) and the business must create ten U.S. jobs. The individual investor need not be a treaty national nor possess special qualifications.
Both categories require very specific financial and other business-related documentation.