Investor Visas

We provide our clients legal advice concerning business immigration in the United States. We combine extensive knowledge of immigration law with international business experience to offer customized legal services that serve our clients’ immigration goals.

As business and immigration lawyers we cover all areas of Immigration Law for investors, entrepreneurs and their families, including E-2 Investor Visa, EB-5 Investor Green Card, L-1 Intracompany Transferee, O-1 Investor or Entrepreneur Extraordinary Ability Visa, Employment Immigration, Permanent Residence, Green Cards and other business immigration areas.

With our business immigration practice we incorporate other aspects of law, including general corporation law, contract law, accounting, securities law, intellectual property rights, licensing, zoning laws, and other regulations relating to a specific area of business, in order to provide the best legal advice to our clients. We can also help clients with offering documents to raise capital or advise them on certain investment offerings made by third parties.

“We use our expertise to advise you on all aspects of business immigration, capital raising and daily business operations to business growth strategies.”

Most importantly, we help our clients with their business immigration needs in the following areas:

E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa is a U.S. nonimmigrant visa that allows a national of a treaty country to live and work in the United States in order to develop and direct a U.S business. In order to be eligible for an E-2 Investor Visa, the Investor or Entrepreneur must be a national of a treaty country, meaning a country that maintains a Treaty of Commerce and Navigation with the United States. For a current list of countries that qualify for an E-2 Investor Visa, please visit the U.S. Department of State’s Treaty Countries List. Since 2019, Israeli and New Zealand citizens have become eligible for E-2 Investor Visas.

In addition to being a national of a treaty country, the Investor or Entrepreneur must invest a substantial amount of capital in a business in the United States and be in a position to develop and direct the specific business in order to qualify for an Investor Visa. Certain employees of such an Investor or Entrepreneur or of a qualifying organization may also be eligible for E-2 Investor Visas.

L-1 Visa Intracompany Transferee for Executive, Manager and Specialized Knowledge Employee

The L-1A Intracompany Transferee Visa for Executive or Manager and L-1B Intracompany Transferee Visa for Professional Employee with Specialized Knowledge, commonly known as L-1 Visa, is a U.S. nonimmigrant visa that allows a U.S.-based business to transfer an Executive, Manager or Employee with Specialized Knowledge from a foreign affiliated office to an office in the United States. The L-1 Visa for Executive and Managers also enables a foreign company that does not have an affiliated office in the United States to send a foreign executive or manager to the United States with the purpose of establishing an office in the United States. In order to be eligible to apply for an L-1 Intracompany Transferee Visa, the U.S. -based employer must have a qualifying relationship with a foreign company and must be doing business as an employer in the United States and in at least one other country for the duration of the beneficiary’s stay in the United States on an L-1 Visa. From April 30, 2018 to April 30, 2020, the U.S. government is running a pilot program for Canadian citizens seeking admission to the United States on an L-1 Visa under the North American Free Trade Agreement (NAFTA).

The L-1 Intracompany Employee Visa facilitates the temporary transfer of a foreign worker in a managerial or executive capacity or for specialized knowledge to the United States to continue employment with an affiliate office of the same company based in the United States. The L-1 Visa was initially intended and designed for large corporations to help facilitate easy transfer of employees from abroad to the United States. However, the L-1 Intracompany Visa also provides small and medium-sized companies with an opportunity to expand their business and service to the United States.

O-1 Visa for Individuals with Extraordinary Ability or Achievement

The O-1 Visa for Individuals with Extraordinary Ability or Achievement is a U.S. nonimmigrant visa that allows individuals with extraordinary abilities in the sciences, arts, education, business or athletics or who have demonstrated extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. The O-1 Visa allows the beneficiary to temporary come to the United States together with their spouse and children to continue to work in the area of extraordinary ability.

EB-5 Immigrant Investor (Green Card)

The EB-5 Immigrant Investor Program, is a U.S. immigrant visa that allows a foreign Investor or Entrepreneur together with their spouses and children to permanently live and work in the United States and apply for permanent residence, commonly known as Green Card, if they invest the required amount of capital in a U.S. company and create or preserve 10 permanent full-time jobs for qualified U.S. workers. Starting on November 21, 2019, the required amount of investment necessary to qualify for an Investment Green Card increases from $1 million to $1.8 million for projects situated in an urban area, and from $500,000 to $900,000 for projects in targeted employment areas (TEA).

The required investment for the EB-5 Immigrant Investor Program can also be made through the Regional Center Program, where a foreign Investor or Entrepreneur invests in a U.S. commercial enterprise associated with regional centers approved by USCIS based on proposals for promoting economic growth. The EB-5 Regional Center Projects relies on financing, investment and development with capital from foreign Investors and Entrepreneurs seeking a permanent residence in the United States. As a result, EB-5 Regional Center investment offerings made to foreign Investors and Entrepreneurs are subject to United States securities laws even if the investment opportunities are offered primarily outside of the United States to Investors and Entrepreneurs that are not currently U.S. residents. The U.S. Securities and Exchange Commission (SEC) has brought several legal actions against EB-5 regional center operators in cases of investor fraud. If you are a foreign Investor or Entrepreneur considering becoming a U.S. resident through investing in an EB-5 Regional Center, please be aware of investment scams and contact us to assist you with your investment.

Malescu Law P.A. – Business & Immigration Lawyers