Do you want to live and work in the U.S. and have some money to invest? An investor visa lawyer in San Jose can take the guesswork out of the process.
If you are looking to start a business or invest in the U.S. economy while gaining the chance to live and work here, an investor visa might be the perfect option for you.
These visas are designed for individuals ready to make a financial investment in a U.S. business, offering a pathway to permanent residency or a temporary stay, depending on the visa type.
Let’s be honest—getting an investor visa is not exactly a walk in the park, even if you have a large amount of money ready to be invested. There’s a lot of paperwork, strict requirements, and deadlines to keep track of.
One small mistake could slow everything down or even get your application denied—and potentially make you lose your hard-earned money. By planning ahead with our team at Naya Law Group, PC, you get a roadmap to follow for a successful outcome.
Founded in 1978, we have helped countless entrepreneurs and businesspeople just like you throughout their immigration journey. We have come this far to share this roadmap with you.
Are you ready to put your money into a U.S. business in exchange for the opportunity to live and work in the U.S.? Our San Jose investor visa lawyer can explain if this path is right for you. Call 650-499-5187 or fill out this contact form to schedule a consultation.
Overview of Investor Visas
An investor visa is a way for foreign nationals to live and work in the U.S. by investing in the country’s economy. It’s designed for people who want to either establish or contribute to a business in the U.S.
“But what’s the catch?” you may be thinking.
The U.S. offers these visas to attract foreign capital and encourage job creation, boosting economic growth in both urban and rural areas. By offering pathways to permanent residency or temporary stays, the U.S. incentivizes entrepreneurs and investors to contribute to its economy, while also giving them the opportunity to build a life and business here. It’s a win-win for everyone.
Obtaining an investor visa requires you to meet specific investment requirements and ensure your business plan meets U.S. guidelines. Every investment involves some degree of risk, and investments to get a visa are no exception.
If you don’t want to end up losing enormous amounts of money, you need to do everything the right way. This is why you might want to consider hiring an investor visa lawyer to assist you throughout the process. With the guidance from our attorneys at Naya Law Group, PC, you can confidently pursue your immigration goals.
Types of Investor Visas
If you’re looking to invest in the U.S. and live or work here, there are two types of investor visas that may be available to you.
- EB-5 visa (Immigrant Investor Program): The EB-5 visa is a path to U.S. permanent residency (a green card) for investors. It’s designed for those who want to make a significant financial investment in a U.S. business and create jobs for American workers. An EB5 visa lawyer can help you seek opportunities in the U.S. business landscape.
- E-2 visa (Treaty Investor Visa): The E-2 visa is a non-immigrant visa that allows you to live and work in the U.S. temporarily, as long as you continue to manage and invest in a U.S. business. This visa is available only to nationals of countries that have a trade treaty with the U.S. You can view the full list of treaty countries on the U.S. Department of State’s website.
In other words, the EB-5 visa is for those seeking permanent residency (a green card), while the E-2 visa is temporary, though it can be renewed as many times as necessary. Also, while the E-2 visa is only available to nationals of countries that have a trade agreement with the U.S., the EB-5 is open to investors from any country. The two visas also differ in terms of eligibility requirements.
Eligibility Requirements
The investor visas—the EB-5 Immigrant Investor Visa and the E-2 Treaty Investor Visa—each has its requirements to qualify.
If you’re interested in the EB-5 visa, here’s what you’ll need to qualify:
- The amount to invest: You must invest at least $1,050,000 in a U.S. business. However, if you’re investing in a Targeted Employment Area (TEA), which is a rural or high-unemployment area, the minimum drops to $800,000.
- Creation of jobs: Your investment needs to create or preserve at least 10 full-time jobs for U.S. workers. These jobs should be created within two years of your investment.
- A legal source of funds: You need to prove that the money you’re investing is legally obtained. This can come from things like earnings, business profits, or selling assets.
With the EB-5 visa, you can choose to either actively manage your investment or invest through a regional center, which manages the business and job creation for you.
To qualify for the E-2 visa, here’s what you need:
- Your nationality: You must be a citizen of a country that has a trade treaty with the U.S. Not all countries are eligible, so you’ll want to check if yours is on the list (find the link above).
- The investment must be substantial: There’s no fixed minimum amount, but your investment must be substantial enough to run a profitable business. The amount depends on the type of business you’re starting or buying, and it needs to be enough to make sure the business can operate successfully.
- The business ownership threshold: You must own at least 50% of the business or play a key role in its management. This visa is for people who are directly involved in running the business.
- Active participation: You need to be actively managing the business, not just passively investing like a shareholder.
- Your business must be real: Your business has to be an actual, functioning enterprise, not just an idea or a paper company.
At Naya Law Group, PC, we’ll help you figure out which visa fits your situation best and guide you through every step of the process. Having our investor visa lawyer in San Jose by your side means fewer mistakes, faster processing, and peace of mind that your application is on track.
Benefits of Investor Visas
An investor visa is a fantastic way to open up new opportunities for both your business and your family. Here’s why it’s such a great opportunity:
- Path to permanent residency (EB-5): Invest in the U.S. and get a green card for you and your family, allowing you to live, work, and eventually apply for U.S. citizenship.
- Flexible stay (E-2): Live in the U.S. temporarily as long as your business is up and running, with the option to renew the visa indefinitely.
- Family benefits: Your spouse and children can join you in the U.S. on both EB-5 and E-2 visas, and your spouse can apply for work authorization.
- Access to U.S. markets: Expand your business in the U.S., a leading global economy with nearly endless opportunities for growth.
- Quality of life: Your family can enjoy access to U.S. education, healthcare, and a stable, safe environment. All in one country that you could call your new “home” soon.
An investor visa offers a way to secure both your business success and your family’s future. If you are ready to move closer to your dream, you might need an investment immigration attorney on your journey. Here at Naya Law Group, PC, our role is to take the stress and hassle out of the equation.
The Application Process
Applying for an investor visa, whether it’s the EB-5 or E-2, can be daunting, especially when you don’t know what steps you should take and when. Let’s take a look at what the application process entails:
- Choose your visa: First, you need to decide which type of visa—the EB-5 (which leads to a green card) or the E-2 (a temporary visa for treaty countries)—is right for you. Make this decision based on your investment goals, nationality, and amount you’re ready to invest.
- Make the investment: For the EB-5, you’ll need to invest $1,050,000 (or $800,000 in targeted areas) in a U.S. business that creates or preserves at least 10 jobs. For the E-2, your investment must be substantial enough to run a successful business, though there’s no set minimum.
- Collect your documents: You’ll need to show proof that your investment funds are from a legal source and provide a business plan detailing how your business will succeed (and, in the case of EB-5, create/preserve jobs).
- File the application: For the EB-5, you’ll submit Form I-526 (Immigrant Petition by Alien Investor). For the E-2, you’ll file your visa application at the U.S. embassy or consulate in your country. You’ll also need to provide supporting documents about your business and investment.
- Attend an interview: After submitting your paperwork, you’ll attend an interview at the U.S. embassy or consulate to discuss your investment and visa application.
- Wait for approval: Once everything is reviewed, you’ll either receive your visa (for E-2) or get conditional residency (for EB-5). If you’re applying for EB-5, after two years, you can apply to remove conditions and get permanent residency.
Our San Jose investor visa lawyers at Naya Law Group, PC, can guide you through the complex process of obtaining the EB-5 visa or the E-2 visa. Our job is to make sure everything is done correctly and on time to avoid denials.
Reasons Your Investor Visa Application Can Be Denied
Getting an investor visa is a great opportunity, but there are some common reasons why applications can be denied. These include:
- Insufficient investment: For the EB-5, if you don’t meet the minimum investment requirement, your application could be rejected. Similarly, for the E-2, your investment needs to be substantial enough to run the business. If it’s not, that could lead to a denial.
- Failure to prove legal source of funds: You need to show that your investment funds come from a legal and verifiable source. If you can’t prove this, your application might not be approved.
- Incomplete or incorrect paperwork: Even simple mistakes, like missing documents or incomplete forms, can result in a denial. When it comes to immigration, authorities are very meticulous. That’s why any errors could easily cause delays or rejections.
- Unclear business plan: For the EB-5, your business plan needs to clearly show how it will create or preserve at least 10 jobs. If it’s vague or doesn’t meet the job creation requirement, your application could be denied. For the E-2, the business must be real and active, not just an idea on paper (no matter how brilliant that idea might be).
- Criminal record: If you have a criminal record or any prior violations of U.S. immigration laws, it could lead to denial. Immigration authorities take these issues seriously.
A skilled investment visa lawyer can identify any potential concerns that might get your application denied once they learn more about your situation and your business. And remember this: it’s always better to avoid a mistake than correct one.
Investor Visas Frequently Asked Questions (FAQs)
To help you get a better idea of what’s involved in obtaining an EB-5 or E-2 visa, we’ve answered some of the most frequently asked questions about investor visas:
It depends on the type of visa. For an EB-5 visa, you need to invest at least $1,050,000 in a U.S. business. If you’re investing in a targeted employment area (rural or high-unemployment), the amount is reduced to $800,000. For the E-2 visa, there’s no set minimum, but the investment must be “substantial” enough to make the business profitable. The exact amount will vary depending on the business you’re starting or buying.
Yes! Both the EB-5 and E-2 visas allow your immediate family to join you. This includes your spouse and any unmarried children under 21. With the EB-5, they can also get a green card. For the E-2, your spouse can apply for work authorization and legally work in the U.S.
For the EB-5, the process can take anywhere from 18 to 24 months, depending on how long it takes to approve your investment and business plan. For the E-2, the process is typically faster, often taking just a few months, since it’s a temporary visa and doesn’t involve the same job creation requirements as the EB-5. Note: processing times can vary based on your individual case and where you’re applying from.
If you have any more questions, feel free to ask. You can schedule a consultation with our lawyers at Naya Law Group, PC.
Why Hire an Investor Visas Lawyer?
By making a qualifying investment and creating jobs for American workers, you can secure a visa that leads to permanent residency or allows you to stay in the U.S. indefinitely. But do you really have what it takes to handle the intricacies of the process on your own? What’s more, are you willing to risk a large amount of your hard-earned money and your future?
If you answered “no” to both of these questions, it’s probably because you—like any other rational and strategic thinking person—need legal counsel from an attorney.
Here at Naya Law Group, PC, our investor visa lawyer in San Jose can help in the following ways:
- Guide you through the requirements: Whether it’s meeting the investment threshold or ensuring your business plan is solid, we will make sure you know exactly what’s needed for your visa type (EB-5 or E-2). Our team will also help you gather the right documents, including proving your funds are from a legal source.
- Handle all the paperwork for you: Immigration paperwork is detailed and often tricky. We will make sure every form is completed correctly, with all the supporting documents in order. This reduces the risk of your application being delayed or denied due to simple errors.
- Create a strong business plan: For the EB-5, we will help you build a clear business plan that meets the job creation requirements. For the E-2, we will ensure your business is viable and meets the visa criteria.
- Deal with challenges along the way: If anything unexpected comes up—like requests for more evidence from immigration authorities or complications in your case—we will step in and handle it, saving you stress and making sure your case stays on track.
When it comes to handling immigration matters, most law firms take a minimalistic approach. They only assist clients in applying for a visa and that’s it. At Naya Law Group, PC, our philosophy is different. Our job is not done until we help our client achieve their targets, whatever they may be.
When you work with our team, you’ll never feel like just another case file. We strive to provide our clients with solutions customized to their unique needs and circumstances. We always support our clients with understanding and care, ensuring they feel heard and supported throughout the entire process.
If you are looking for ways to immigrate to the U.S. through an investment, our lawyers at Naya Law Group, PC, can explain the nuances and requirements involved. We have been serving immigrants like you for nearly 50 years. We know what works and what doesn’t. We know when it’s worth taking a risk and when it’s not.
Schedule a confidential consultation with an attorney who truly cares by calling 650-499-5187 or visiting our contact us page.
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