Commercial & Marketing Support for Global Country Programs

The US E-2 Treaty Investor visa is a non-immigrant, temporary visa that allows citizens of countries with a treaty of commerce and navigation with the United States to live and work in the U.S. by investing a substantial amount of capital in a U.S. business.

• Treaty Country Citizenship: You must be a citizen of a country that maintains a qualifying E-2 treaty with the U.S.
• Substantial Investment: There is no hard legal minimum amount, but the investment must be proportional to the total cost of starting or buying the business (typically $80,000 to $300,000+). Funds must be at risk (irrevocably committed, spent on equipment, inventory, or leases).
• Ownership & Control: You must own at least 50% of the enterprise or hold operational control through a managerial position.
• Real and Operating Business: The enterprise must be a real, active, for-profit commercial undertaking, not a passive investment like unmanaged real estate.
• Not Marginal: The business must generate enough income to significantly exceed a mere living for you and your family, or have a significant economic impact (e.g., hiring U.S. workers).
• Active Direction: You must come to the U.S. to develop and direct the business.

• Consular Processing (Abroad): Roughly 2 weeks to 4 months from application submission to visa interview/issuance.
• USCIS Change of Status (Inside the U.S.): Typically 2 to 6 months. Note: Changing status inside the U.S. via Form I-129 grants status for up to 2 years, but does not provide an actual travel visa stamp; leaving the U.S. requires applying at a consulate.
• Visa Duration: Depending on your country's reciprocity schedule, E-2 visas are typically issued for 3 months up to 5 years (and can be renewed indefinitely).

The E-2 visa is divided into two main categories of applicants:

1. Principal Investors
   • Nationality of a Treaty Country: You must hold citizenship (not just residency) in a country that has an active treaty of commerce and navigation with the United States (such as the UK, Japan, Germany, Canada, and over 80 other nations).
   • Substantial Investment: You must invest a substantial amount of capital in a real, operating U.S. commercial enterprise. There is no fixed dollar minimum, but the investment must be proportional to the total cost of starting or buying the business.
   • At Risk Funds: The capital must be irrevocably committed and placed at genuine financial risk (e.g., spent on equipment, leasehold improvements, or inventory).
   • Real and Non-Marginal Business: The business must be active, legal, and generate more than just a minimal living for you and your family.
   • Direction and Control: You must own at least 50% of the enterprise (or hold operational control via an executive or managerial position) and come to the U.S. to direct and develop the business.
2. Essential Employees / Managers / Executives
   • Same Nationality: Employees must hold the same nationality as the principal investor or the parent/qualifying treaty enterprise (which must be at least 50% owned by treaty nationals).
   • Qualifying Role: You must be coming to the U.S. to work in an executive, supervisory, or essential capacity with specialized skills that are critical to the U.S. operation's efficiency. General, unskilled labor does not qualify.
3. Family Members (Dependents)
   • Spouses and Children: Spouses and unmarried children under 21 years old can apply to accompany or join the principal applicant.
   • Spousal Work Authorization: Spouses holding E-2 dependent status are eligible for unrestricted work authorization in the U.S. once approved.
   • Education: Dependent children may attend school or university in the U.S.

It is a nonimmigrant visa for employees transferring from a foreign company to a U.S. parent, branch, subsidiary, or affiliate. The sponsoring employer must file a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS).

• L-1A Visa: For executives and managers. Maximum total stay is 7 years (initial 3-year period with 2-year extensions).
• L-1B Visa: For workers with specialized knowledge of the company's products, services, or systems. Maximum total stay is 5 years (initial 3-year period with 2-year extensions).

• You must have worked continuously for the foreign company for at least 1 year within the preceding 3 years.
• The U.S. and foreign entities must share a qualifying corporate relationship (parent, branch, subsidiary, or affiliate).
• No federal prevailing wage determination is required, though compensation must align with fair market and state minimum wage standards.

• Spouses and unmarried children under 21 can apply for L-2 status.
• L-2 Spouses receive automatic work authorization to work for any U.S. employer.

Yes. L-1 status is recognized as a "dual intent" visa, meaning you can live temporarily in the U.S. and also pursue permanent residency (a Green Card, such as via EB-1C for managers and executives).

If the U.S. branch, subsidiary, or affiliate has been incorporated or doing business for less than 1 year, USCIS requires the following additional evidence:

• Secured Physical Premises: You must prove you have secured adequate physical premises to house the business. USCIS frequently issues Requests for Evidence (RFEs) for startup entities using virtual addresses or simple residential properties.
• Proof of Funding: You must show that the foreign parent company has sufficiently capitalized the U.S. entity to pay the transferee's salary and float operational costs while the business ramps up.
• The "One-Year Staffing" Rule: For L-1A managers or executives, you must prove that the new office will grow large enough to support a true managerial position within 1 year. By the end of your first year, you must have hired employees or contractors to handle the day-to-day operational work so you can focus strictly on managing.

If the U.S. company has been actively doing business for 1 year or more, the application process is generally less speculative and focuses on historical data:

• Active Operations ("Doing Business"): You must present proof of regular, systematic, and continuous provision of goods or services. This is demonstrated using U.S. tax returns (Form 1120), financial statements, invoices, and bank statements.
• Established Organizational Hierarchy: For an L-1A transfer, the existing company must already have a structure that relieves the manager from performing day-to-day tactical work. You will need to submit comprehensive corporate organizational charts showing your U.S. subordinates, their job titles, and their educational degrees.

The EB-5 Immigrant Investor Program offers U.S. permanent residency (a Green Card) to foreign investors who invest capital into a qualifying U.S. business and create jobs.

The EB-5 Immigrant Investor Program is highly popular because it provides a direct, self-sponsored pathway to a U.S. Green Card without requiring an employer sponsorship, labor certification, or family ties. For high-net-worth individuals, it serves as a predictable and independent immigration strategy to achieve permanent residency for themselves, their spouses, and unmarried children under 21.

Demand has particularly surged due to recent policy updates under the EB-5 Reform and Integrity Act (RIA), making it an attractive alternative to heavily backlogged employment visa categories.

1. Freedom from Employer Sponsorship
   • Self-Directed Path: Investors effectively sponsor themselves, bypassing the restrictive H-1B lottery or extensive employer-driven PERM labor certifications.
   • Ultimate Flexibility: Green card holders can live, work, or retire anywhere in the United States and change employers without losing their legal status.
2. Rapid Concurrent Filing for In-U.S. Applicants
   • Work & Travel Authorization: Eligible applicants already in the U.S. (on H-1B, L-1, or F-1 visas) can concurrently file for an Adjustment of Status.
   • Fast-Track Interim Benefits: This grants them Employment Authorization Documents (EAD) and Advance Parole travel documents in as little as 60 to 90 days, freeing them from employer dependency while their green card processes.
3. Priority Processing via Rural Set-Asides
   • Bypassing Backlogs: The RIA created specific "set-aside" visa categories (20% reserved for rural areas) that are exempt from traditional visa backlogs.
   • Expedited Government Review: The U.S. government prioritizes and expedites the processing of rural EB-5 project petitions, making it the fastest track for investors from high-demand countries like India and China.
4. Passive Investing via Regional Centers
   • Easier Job Creation: Over 95% of applicants invest through USCIS-designated Regional Centers.
   • No Direct Management Required: Regional Centers allow investors to pool capital into large real estate or infrastructure projects. This structure relies on economic modeling to count indirect and induced job creation, removing the burden of actively managing a business or managing 10 direct W-2 employees.
5. Educational Advantages for Children
   • Domestic Tuition Rates: Children of investors can attend U.S. public universities at domestic or in-state resident tuition rates instead of paying exorbitant international F-1 student fees.
   • Post-Graduation Security: They can stay and work in the U.S. permanently after graduation, completely avoiding the highly competitive H-1B work visa lottery.
6. Minimal Personal Prerequisites
   • No Strict Qualifications: Unlike EB-1 or EB-2 visas, the EB-5 program has no age limits, educational degree requirements, language proficiencies, or specific corporate managerial background rules. The primary criteria are verifying the legal source of the investment capital and fulfilling the job creation mandates.

• Minimum Investment: $800,000 for projects in a Targeted Employment Area (TEA, rural or high-unemployment areas) or eligible infrastructure projects; $1,050,000 for standard, non-TEA projects.
• Job Creation: Must create or preserve at least 10 full-time jobs for qualified U.S. workers.
• At-Risk Capital: Funds must be placed at risk in a commercial, for-profit enterprise (either direct or through a USCIS-approved Regional Center).

• File Your Petition: Submit Form I-526 (direct) or Form I-526E (Regional Center). USCIS processes petitions based on a visa availability approach rather than strictly first-in, first-out.
• Obtain a Conditional Green Card: After approval, investors receive a 2-year conditional Green Card. Total time to reach conditional residency typically ranges from 17 to 21 months (longer if subject to country-specific backlogs like China or India).
• Remove Conditions on Conditional Green Card: File Form I-829 within 90 days before the 2-year conditional period ends to receive an unconditional (permanent) Green Card.
• Apply for U.S. Citizenship: Eligible to apply for U.S. citizenship 5 years after receiving the initial conditional Green Card.

Yes. If you are already legally living in the U.S. on a non-immigrant visa and a visa number is immediately available for your country of birth, you can opt for "Concurrent Filing" and concurrently file Form I-526E and Form I-485 (Adjustment of Status). This grants interim work (EAD) and travel authorization (Advance Parole) while pending.