Treaty Traders, Investors, Essential Employees (E)
Persons who are Foreign Nationals of countries that have an appropriate treaty with the United States may obtain an E visa as a result of an investment in enterprise or engaging in substantial trade with the United States. The company must be at least 50% owned by persons with the nationality of the treaty country. E visas can be granted for up to five years initially, with extensions available. The E visa is does not require a petition and can be applied for directly at a U.S. Consulate or Embassy in the applicant’s country of residence. EB(5) INVESTOR VISAS Generally, all EB(5) investors must invest in a “new” commercial enterprise which is a commercial enterprise that was either either established after Nov. 269, 1990 and/or an existing enterprise that was purchased and then restructured or reorganized such that a “new” commercial enterprise occurs or when a purchased commercial enterprise is expanded to increase net worth or the number of employees by 40%. Total investment in the new commercial enterprise amounts must consist of a minimum of $1 Million USD or $500 Thousand USD for business located in a Targeted Employment Area or for investments in an approved Regional Center project. All investment funds must be traced to their source of lawful generation and cannot be borrowed.
The new commercial enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers, generally within two years of the immigrant investor’s admission to the United States.
For more information about the EB(5) investor visa please visit: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-eb-5-visa
All potential business, investor and employment based visas are very fact specific and the EB(5) is an incredibly fact based and detailed process so please arrange a consultation with DeArcangelis & DeArcangelis to discuss all your potential U.S. immigration options.