E-2 Investor Visa for USA is not available for Hong Kong, but Hong Kong residents can qualify for other business visas for the US and explore other options for the E-2 Investor Visa.
As of the date of this article, the E-2 Investor Visa for the US is not available for residents of Hong Kong because the United States does not have a Treaty of Commerce and Navigation with Hong Kong. Moreover, there is no E visa treaty between US and China and as a result, citizens of China are not eligible to apply for E-2 Investor Visa for USA.
The same is the case for E-1 Visa for international trade which is also not available for Hong Kong residents.
However, even though the E-2 Investor Visa is not available for Hong Kong, Hongkongers or Hong Kongese, can consider other options and visa options for the US as we discuss below. Some alternatives available to residents of Hong Kong that want to move and immigrate to the US include:
- E-2 Investor Visa after obtaining another citizenship through investment from an E-2 Treaty Country – Turkey, Grenada, Moldova or Montenegro.
Both Grenada and Turkey have an E-2 Treaty with the United States and citizens of Grenada and Turkey can qualify for an E-2 Investor Visa for the US for an initial maximum stay of 5 years, renewable indefinitely.
Individuals who are citizens of Turkey can also qualify for an E-1 Visa for international trade, but this E-1 visa is not available for citizens of Grenada because no treaty exists.
In addition, Turkey and Grenada both have a citizenship through investment program that allows foreign individuals who make certain investments in these countries to obtain a passport for Grenada or Turkey within a short period of time. The Grenada or Turkey passport opens then the possibility to qualify for an E-2 Investor Visa for the United States.
For more information about the requirements and process for obtaining Grenada or Turkish citizenship by investment contact local lawyers licensed to practice in these countries.
2. EB-5 Investor Green Card. Residents of Hong Kong can qualify for the EB-5 Investor Green Card program for the United States. The EB-5 investor program is open to foreign individuals who can invest $1,050,000 in a US business in an urban area or $800,000 in a US business in a rural area or high unemployment area. The necessary investment can also be made in an approved Regional Center project and the investor does not need to take an active role in the business and be involved with the day-to-day operations.
3. L-1 Intracompany Transferee Visa. The L-1 Visa is available to individuals from Hong Kong who can transfer from a company abroad to the US office of the same company and have been employed continuously at least 1 year in the prior 3 years with the company abroad, among other requirements.
4. O-1 Visa. The O-1 Visa is available to foreign individuals with extraordinary ability in the sciences, education, business, athletics, arts or extraordinary achievement in motion picture or television industry.
5. EB-1 Green Card. The EB-1 immigrant visa is available to certain foreign managers or executives of companies with offices in the US or foreign nationals with extraordinary ability in the sciences, arts, education, business and athletics or foreign outstanding professors and researchers.
6. EB-2 National Interest Waiver Green Card. The EB-2 National Interest Waiver Visa (NIW) is available to entrepreneurs and other foreign nationals who have exceptional ability or whose employment would greatly benefit the United States.
Malescu Law can assist you
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Malescu Law P.A. – Business & Immigration Lawyers