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Immigration for Investors
As an investor or entrepreneur, there are multiple options that could allow you and your immediate family (spouse and children) to move to the United States. Which option to pursue ultimately depends on your goals, your capital means, and the degree of risk you are willing to undertake.
Investors typically come to the U.S. on L, E1, E2, or EB-5 visas. The L (intracompany transferees), E1 (treaty trader), and E2 (treaty investor) are non-immigrant visas, i.e. the recipient and immediate family (spouse and unmarried children under 21 years of age) are permitted to reside and work in the U.S. temporarily. The EB-5 program is an immigrant visa process, which results in conditional permanent residence for the investor and immediate family for two years. Then, ninety days prior to the expiration of the two years, the investor can petition to remove the conditions and become a permanent resident as long as the conditions required for the EB-5 program are met. Permanent residence ultimately allows for naturalization (becoming a U.S. Citizen) after five years as a law-abiding permanent resident.
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The visa classifications outlined above may be used independently, or in conjunction with one another to meet the investor’s goals. For example, an investor that owns an overseas manufacturing facility may want to start a retail outlet to sell the goods manufactured abroad to the U.S. consumer market. If the investor is from a treaty country, then he or she may apply for an E2 treaty investor visa (non-immigrant) to open the startup retail outlet in the U.S. A few years after establishing the retail outlet and feeling reasonably assured of it’s long-term success, the investor may decide to make an EB-5 qualifying investment into the U.S. to grow the number of outlets, create the required jobs, and apply for an EB-5 visa, which would result in permanent residence. In this scenario, the investor/entrepreneur would be permitted to establish the business in the U.S. via a non-immigrant visa, which would allow for his/her children to attend school and reside in the U.S. temporarily, and then decide to pursue permanent residence via EB-5 after establishing the business.