Investor Visa

Lex Magnus Law: Investor Visas – Your Strategic Gateway to U.S. Business

U.S. Citizenship and Immigration Services (USCIS) provides several practical and powerful visa options for business-focused foreign nationals from treaty countries who wish to enter the United States to trade, invest, or seek permanent residency through capital injection.

At Lex Magnus Law, we specialize in cutting through the complexity of these regulations to offer you a clear, strategic path for establishing or expanding your business footprint in the U.S.

The E-Visa Nonimmigrant Categories

The E-visa classifications are ideal for nationals of countries with which the U.S. maintains a treaty of commerce and navigation. They allow the principal applicant and their immediate family to reside in the U.S. while directing their business operations.

E-1 Classification (Treaty Trader)

The E-1 Classification permits an individual to enter the United States exclusively to develop and direct substantial international business trade operations for an enterprise in which they have already invested.

Key Requirements for E-1:

Nationality: You must be a national of a treaty country.
Substantial Trade: The trade must be a continuous flow of sizable international transactions, involving numerous exchanges. There is no minimum dollar amount, but the volume and value must be significant.
Principal Trade: Over 50% of the total volume of international trade conducted by the U.S. enterprise must be between the U.S. and the treaty country.
Trade Definition: Trade is broadly defined to include goods, services, technology, banking, insurance, transportation, and tourism.

E-2 Classification (Treaty Investor)

If you are a national of a treaty country and plan to enter the United States based on a substantial investment you will control, you may be eligible for an E-2 classification visa. This is often the ideal path for entrepreneurs establishing a new business or purchasing an existing one in the U.S.

Key Requirements for E-2:

Nationality: You must be a national of a treaty country.
Substantial Investment: While there is no fixed minimum dollar amount, the investment must be substantial in relation to the total cost of establishing or acquiring the enterprise. It must be sufficient to ensure your financial commitment and be capable of ensuring the success of the enterprise.
Bona Fide Enterprise: The business must be a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. It cannot be a marginal enterprise—meaning it must have the present or future capacity (generally within five years) to generate more than minimal living income for the investor and their family.
Control and Risk: The capital must be irrevocably committed, and at risk in the commercial sense, subject to potential loss.

EB-5 Immigrant Investor Program: The Path to Permanent Residency

The EB-5 Immigrant Investor Program is a direct pathway to obtaining Lawful Permanent Resident status (a Green Card) for the investor, their spouse, and unmarried children under 21. Established by Congress to stimulate the U.S. economy, the program requires a substantial capital investment.

EB-5 Classification (Immigrant Investor)

The EB-5 program allows qualified entrepreneurs to apply for a green card based on the following requirements:

Required Investment: The entrepreneur makes the required investment in a commercial enterprise within the United States.
- Standard Investment: The minimum is typically $1,050,000.
- Targeted Employment Area (TEA): The minimum investment is reduced to $800,000 if the investment is made in a rural area or an area experiencing high unemployment.
Job Creation: The investment must create or preserve at least 10 permanent, full-time jobs for qualified U.S. workers within two years of the investor's admission to the U.S. as a Conditional Permanent Resident.

Derivative Benefits and Next Steps

For both E-1 and E-2 visas, the spouse and unmarried children (under 21) of the principal applicant may also qualify for derivative status. Importantly, spouses of E-visa holders are eligible to apply for work authorization in the United States.

We are here to help you navigate this process. Our knowledgeable attorneys will analyze your business model, investment capacity, and country of nationality to determine the most advantageous visa strategy for your goals. We handle the entire application process, from business plan development and financial compliance to petition filing and interview preparation.

If you would like to know more about investor visas and determine if you qualify, please contact Lex Magnus Law at 657-809-5633. We can assist you in scheduling a complimentary consultation with one of our attorneys.

For an official list of treaty countries, you can access the U.S. Department of State website at: https://travel.state.gov/content/visas/en/fees/treaty.html