Investor Visa Lawyer USA: E-2, EB-5, L-1 Business Immigration Attorney
Are you ready to secure your future in the U.S. through strategic capital investment? As a premier Investor Visa Lawyer USA, specializing in investment immigration, our firm offers an unparalleled level of expertise. Led by a Board Certified Expert in International Law, we provide comprehensive legal and financial strategies for the E-2 Treaty Investor Visa, EB-5 Immigrant Investor Green Card, L-1 Investor Visa, and more.
Whether you are launching a new enterprise or acquiring an existing business, partner with a law firm that combines expert legal knowledge with Chartered Financial Analyst (CFA)-level business valuation to maximize your chance of visa approval.
Unmatched Financial Due Diligence:
Our team includes a Chartered Financial Analyst (CFA®) with extensive E-2 and EB-5 business valuation expertise. This unique financial credential allows us to provide expert analysis directly to USCIS and DOS, significantly minimizing RFEs (Requests for Evidence).
Our experienced investor lawyer specializes in all areas of investor immigration law, helping you, your family, and employees navigate the process with ease. We offer comprehensive legal support for a wide range of investor visas and green cards, including:
Our Investor Visa Services Include:
We provide strategic investment immigration counsel for entrepreneurs and foreign investors immigrating to the United States.
Our Comprehensive Investor Visa Legal Services
Looking to secure an investment visa or green card through business investment? We go beyond traditional legal services to provide a comprehensive service for your investment immigration journey.
| Service Area | Detailed Support Provided |
|---|---|
| Company Formation & Business Structuring | We help you establish a compliant U.S. business entity suitable for your specific visa goals (E-2, EB-5, L-1), ensuring adherence to all relevant state and federal regulations. |
| Commercial Contracts & Agreements | Our team drafts and reviews commercial contracts to protect your interests and ensure all business documentation supports your investor visa petition. |
| Permits & Licensing | We assist with obtaining all necessary operational permits and licenses required for your business to legally operate in the United States. |
| Investment Planning & Strategy | We develop a sound, comprehensive business plan that meticulously meets all USCIS requirements and, when necessary, advise on capital raising strategies or third-party investment offerings. |
| Intellectual Property Protection | We safeguard your key assets through essential Trademark and Copyright registration and protection services. |
| Contract Review | We review all business contracts to identify and mitigate potential legal and financial risks upfront. |
Differentiating Financial Expertise: Business Plans & Valuation by a Chartered Financial Analyst (CFA)
Our team includes a Chartered Financial Analyst (CFA®), providing critical support in:
| Financial Expertise | Investor Visa Advantage |
|---|---|
| Business Valuation: | Obtain a professional, expert valuation of your business, addressing the “substantial investment” and “non-marginality” requirements for visa officers. |
| Business Plan Development: | Craft a compelling, financially sound business plan that demonstrates the viability and job-creation capacity required for approval. |
| Legal & Financial Due Diligence: | Comprehensive legal and financial review to minimize investment risks and uncover any issues before the petition is filed. |
With a clear understanding of your required investment strategy, let our Investor Visa Lawyer USA guide you through the strategic benefits of each option. Review the comparative table below for a quick overview of the top U.S. investment visa programs.
Comparative Benefits of Key U.S. Investor Visas (E2, EB5, L1)
| Visa Type | Primary Benefits and Flexibility |
|---|---|
| E-2 Treaty Investor Visa | Work for your own US business; No minimum investment required (typically $50,000+); Indefinite renewals possible; Spouse receives unrestricted work authorization. Only available to nationals of E-2 treaty countries. |
| EB-5 Immigrant Investor (Green Card) | Path to Permanent Residence (Green Card) for investor, spouse, and children; Spouse and children can live, work, and study anywhere in the U.S.; No active management required (Regional Center route). Option to work for your own US business (Direct EB-5 route). Minimum investment required (typically $800,000+) |
| L-1 Intracompany Transfer Visa | Lower investment amount (compared to E-2); Ideal for treaty and non-treaty nationals with business abroad; Dual intent; Allows transfer of foreign executives/managers. |
| E-1 Treaty Trader Visa | No minimum investment required; Only available to nationals of treaty countries; Must have substantial trade with the US; Unlimited visa renewals; Spouse receives unrestricted work authorization. |
Specialized Investor Visas & Green Card Programs We Handle
Are you an international investor looking to start a business in the US, invest in real estate, or expand your existing company in the US? Investor visas offer a gateway to these opportunities. Our investor visa lawyer’s guide provides essential information about U.S. investor visas.
Here, we provide a comprehensive overview of the four most popular U.S. investor visas including E-2 investor visa, EB-5 investor green card, L-1 investment visa, and E-1 trade investor visa.
For each visa type, we discuss requirements, application process, advantages, and important considerations. This guide provides you the essential information you need to understand which visa is most suitable for you.
1. E-2 Treaty Investor Visa: Requirements, Strategy and Approval
The E-2 Treaty Investor Visa is a popular investment immigration option for foreign nationals from treaty countries who seek to move to the U.S. to actively manage and develop their own business.
Unlike the EB-5 program, the E-2 visa has no minimum investment requirement, but our E-2 visa lawyer typically advises an investment of no less than $50,000 to meet the “substantiality” requirement.
The E-2 visa allows a national of a treaty country to live and work in the United States to develop and direct a U.S. commercial enterprise.
Key E-2 Eligibility & Investment Strategies:
To be eligible for the E-2 Investor Visa, you must:
- Be a national of a treaty country (check the current Treaty Countries List from the U.S. Department of State ).
- Invest a substantial amount of capital in a U.S. business (investment must be at risk).
- Be in a position to develop and direct the specific business.
Our strategic guidance covers all approved investment methods:
- Become a partner in an existing business
E-2 Visa and the Green Card Path:
While the E-2 visa does not automatically lead to a Green Card, it is an excellent step for future permanent residency. Our clients frequently use the E-2 period to build their U.S. business to the point where they qualify for employment-based Green Cards. We have a proven track record of successfully transitioning investors from E-2 visas to EB-1C Green Cards (Multinational Manager or Executive) and other available options.
Ready to Invest in Your U.S. Future?
Schedule your E-2 Visa Strategy Session with our Investor Visa Lawyer USA. Let us assess your investment situation, verify your treaty eligibility, and build a legally compliant business plan designed for approval.
E-2 Visa Requirements & Dependents
The E-2 Treaty Investor Visa is based on satisfying seven statutory criteria. Our E-2 visa lawyers guide you through documentation for each point.
| E-2 Requirements | Detail |
|---|---|
| Treaty Nationality | The investor must be a citizen of one of the E-2 Treaty Countries. |
| Investment Status | The investor must have already invested, or be actively in the process of investing, the required funds into the U.S. business. |
| Real & Operating | The business must be a real and actively operating commercial enterprise (not a paper company or passive investment). |
| Substantial Investment | The investment must be substantial in relation to the cost of the enterprise (typically with a minimum of $50,000 to $100,000 depending on the business). |
| Non-Marginal | The business must not be “marginal”—it must have the present or future capacity to generate significantly more income than just a minimal living for the investor and family. |
| Develop & Direct | The applicant must be in a position to develop and direct the business (through ownership or executive position). |
| Intent to Depart | The applicant must possess an unequivocal intent to depart the United States when their E-2 status ends. |
E-2 Visa Duration, Renewals, and Dependents
The E-2 Investor Visa offers long-term flexibility:
- Validity: The initial visa validity depends on the investor’s country of citizenship, often issued for a maximum of 5 years.
- Renewals: The status can be renewed indefinitely provided the U.S. business continues to meet all legal E-2 requirements and the investor maintains treaty nationality.
Dependents & Employment Authorization:
- Family: E-2 holders can bring their spouse and unmarried children (under 21) to the United States on an E-2 dependent visa.
- Spousal Work: The spouse is granted unrestricted employment authorization incident to status and is permitted to work for any employer in the U.S.
- Children: Children are not permitted to work but may attend school.
E-2 Visa Application Process: Consular vs. Change of Status
The E-2 Investor Visa application can be processed in two ways, depending on the investor’s current location:
- Consular Processing (Outside the U.S.): File the E-2 Investor Visa petition directly with a U.S. Consulate or Embassy in your home country.
Building an E-2 investor visa case requires local knowledge, investment planning, business and transactions structuring as well as regulatory compliance and our investor visa lawyers USA use extensive business and corporate knowledge and investor immigration experience to advise you throughout the entire E-2 investor visa process, including applying for E-2 visa while in the US.
Strategic Advantages: Why choose the E-2 Investor Visa?
The E-2 visa offers unparalleled flexibility and benefits for entrepreneurs seeking to establish a U.S. business.
| E-2 Visa Benefits | Detail/Advantage |
|---|---|
| Lower Investment Threshold | No legal minimum investment is required. Lower investment. |
| Active Management & Work | Work exclusively for your own U.S. business and live in the U.S. to direct its operations |
| Family Inclusion | Bring your spouse and children (unmarried, under 21) to the U.S. Spouses receive unrestricted work authorization. |
| Indefinite Renewals | The E-2 visa can be renewed indefinitely (typically in 2- to 5-year increments) as long as the business remains viable. |
| Global Mobility | Enjoy international travel flexibility for the duration of your visa’s validity. |
| Pathway to Green Card | Use the E-2 period to build your business into a qualifying entity for a future Green Card application (such as EB-5, EB-1A, EB-1C, EB-2 NIW, EB-2 & EB-3 PERM). |
| Employee Transfer | Option to relocate executive, managers or essential employees of the same nationality to the U.S. business on E-2 Employee Visas. |
2. EB-5 Immigrant Investor Green Card Program: Your Path to Permanent Residence
The EB-5 Immigrant Investor Program offers a direct pathway for a foreign investor, their spouse, and children to obtain U.S. Permanent Residence (Green Card).
To qualify for this Investment Green Card, the investor must:
- Invest the required amount of capital in a qualifying U.S. commercial enterprise.
- Create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.
The minimum capital investment required is:
- $1,050,000: For projects situated in a non-Targeted Employment Area (Non-TEA).
- $800,000: For projects located in a Targeted Employment Area (TEA) (a high unemployment or rural area).
Types of Qualifying EB-5 Investments: Direct vs. Regional Center
The required EB-5 investment can be structured through two primary routes, each carrying different management and job creation requirements:
The required investment for the EB-5 Investor USA Program can be through two types of qualifying investments:
A. EB-5 Regional Center Investment
In the Regional Center Program, the investor invests capital in a U.S. commercial enterprise associated with a USCIS-approved regional center. EB-5 Regional Center Projects are partially financed through foreign capital provided by investors seeking U.S. permanent residence (Green Card).
- Passive Management: The investor is typically not required to manage the daily operations of the business.
- Job Creation: This route allows for the calculation of indirect and induced jobs, making the 10-job requirement easier to satisfy.
Warning: Securities Compliance and Fraud
EB-5 Regional Center investment offerings are subject to U.S. securities laws even if offered outside the United States. Given that, the U.S. Securities and Exchange Commission (SEC) has pursued legal actions against fraudulent EB-5 operators, and due diligence is critical.
If you are considering this route, contact us immediately. Our firm assists in evaluating investment risks and guarding against scams, ensuring your investment is legally compliant and protected. To learn more about risks, please visit: Is EB5 visa risky?.
Protect Your Investment: Contact Our EB-5 Lawyer Before Committing Funds.
Our firms assists with EB-5 Regional Center Project selection, evaluating investment risks and ensuring you are not investing in scams.
B. Direct EB-5 Investment
The Direct EB-5 Investment route involves the investor putting the minimum required capital (either $800,000 or $1,050,000 ) into a new or existing U.S. commercial enterprise owned and actively managed by the investor.
- Active Management: The investor must be active in the day-to-day management.
- Job Creation: The investor must prove the direct creation of 10 full-time jobs.
Strategic Transition: It is also possible for an investor to start by building a business on an E-2 Investor Visa, and then make the required EB-5 capital investment into that same business over time to apply for the EB-5 Investor Green Card.
The EB-5 Investor Green Card Process: Key Steps to Permanent Residency
The EB-5 immigration journey is a multi-stage process requiring extensive compliance and documentation. Our firm expertly guides you through the following mandatory steps:
| EB-5 Process Step | Goal |
|---|---|
| Strategic Consultation | Consult our EB-5 Immigration Lawyer to confirm eligibility and determine the best investment route (Direct or Regional Center). |
| Project Selection | Select a suitable and compliant EB-5 project or business to invest in. |
| Invest Capital | Legally invest the required capital ($800,000 or $1,050,000) and place the funds at risk. |
| I-526/I-526E Petition | Compile and file the I-526 Petition (for Direct Investment) or I-526E Petition (for Regional Center Investment) with USCIS. |
| Conditional Green Card | Obtain your Conditional Green Card via Adjustment of Status (if in the U.S.) or Consular Processing (if abroad). |
| Remove Conditions | File the I-829 Petition to remove conditions on your permanent resident status after two years, proving job creation. |
Why Choose the EB-5 Investor Green Card? Top Benefits & Strategy
The EB-5 Investor Green Card is an attractive option for:
- Successful investors or entrepreneurs who want to continue developing their own business in the United States.
- Investors approaching retirement or those who prefer passive investment. Our investor visa lawyer explains that for these investors, the EB-5 Green Card through a Regional Center is ideal, especially for securing a future in the U.S. for their young children.
Key Benefits of the EB-5 Green Card:
- Permanent Residency: You and your immediate family (spouse and unmarried children under 21) gain the right to live and work permanently anywhere in the United States.
- Flexible Work & Education: Spouse and children receive unrestricted work authorization and can attend any public or private schools, universities, or colleges in the United States.
- Concurrent Filing (Adjustment of Status): If you are already in the U.S., you can simultaneously apply for Adjustment of Status, a work permit (EAD), and a travel document (Advance Parole).
- International Travel: You can travel outside the United States and re-enter with your Green Card.
- Path to Citizenship: It provides a direct path to U.S. Citizenship after meeting statutory residency requirements.
Ready to Secure Your Permanent Residence?
The EB-5 process is complex and requires specialized financial and immigration planning. Schedule a private consultation with our EB-5 lawyer to ensure your investment meets all statutory requirements and your path to a Green Card is secure.
3. L-1A Intracompany Manager/Executive Visa: The Strategic Investment Option
The L-1A Intracompany Transferee Visa is primarily designed for multinational corporations to transfer key executives and managers to the U.S. However, it is an excellent strategic investment visa for small and medium-sized enterprises seeking to expand operations to the United States.
The L-1A visa is an ideal solution for investors and entrepreneurs who:
- Cannot qualify for the E-2 Visa because they are not citizens of a treaty country.
- Wish to make an investment below the EB-5 Green Card threshold ($800,000 to $1,050,000).
The L-1A allows a foreign company owner, executive, or manager to transfer themselves to the U.S. to establish a new office or join an existing branch, subsidiary, or affiliate in the U.S.
L-1A Visa Requirements: Corporate Relationship and Role
To successfully petition for an L-1A visa, both the U.S. and foreign entities, as well as the transferring executive or manager, must satisfy specific requirements:
| Requirement | Specific Criteria (L-1A Executive/Manager) |
|---|---|
| Corporate Relationship | The U.S. company must be a subsidiary, branch, parent, or affiliate of your foreign company. |
| Doing Business | The company must be actively “doing business” (regular, systematic, and continuous provision of goods/services) both in the U.S. and in at least one other country for the duration of the L-1 status. |
| Foreign Employment | You must have worked continuously outside of the United States in an executive or managerial capacity for the foreign company for at least 1 year in the prior 3 years. |
| U.S. Role | You must be coming to the U.S. to work in a qualifying executive or managerial capacity for the U.S. entity. |
| New Office Requirement | If establishing a new office, you must demonstrate that you have secured sufficient physical premises and the U.S. company is able to support the executive/managerial position within one year. |
L-1A Visa Process: Filing and Consular Steps
The L-1A process involves a USCIS petition, followed by either visa stamping or a change of status:
| L-1A Process Step | Description and Key Action |
|---|---|
| 1. File I-129 Petition | The U.S. company files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. |
| 2. Consular Processing (If Abroad) | If you are outside the U.S., after USCIS approves the I-129 petition, you apply for the L-1A visa stamp at a U.S. Consulate or Embassy in your home country. |
| 3. Change of Status (If in U.S.) | If you are already in the United States in a valid nonimmigrant status, you can simultaneously request a Change of Status to L-1A directly on the I-129 petition filed with USCIS. |
Strategic Advantages of the L-1A Investment Visa
The L-1A is an immigration option that offers specific benefits, making it the best option for certain international investors and executives:
- No Citizenship Requirement: Unlike the E-2 Visa, the L-1A is available to citizens of all countries.
- Lower Investment Threshold: There is no minimum capital investment specified by law, making it far more flexible than the EB-5 Program. The investment only needs to be “sufficient” to establish and support the executive/managerial position.
- Dual Intent Flexibility: The L-1A is a dual intent visa, providing flexibility by allowing the executive/manager to pursue permanent residency (green card) while holding L-1A status.
- Work for Your Own Business: You can manage and work for the U.S. subsidiary, branch, or affiliate that you own or control.
- Family, Employment & Travel: You can bring your spouse and children (under 21, unmarried) on the L-2 visa, and your spouse is automatically eligible to work for any employer in the U.S.
- Duration of Stay: The maximum duration of stay on an L-1A is 7 years (initial 1-year for new offices, 3 years for existing offices, followed by extensions).
- Global Talent Mobility: The company can efficiently transfer other key employees (managers, executives, or specialized knowledge workers) from the foreign entity to the U.S. office.
- Green Card Pathway: L-1A holders (managers and executives) are typically eligible for first-preference green card categories.
Expedited Border Processing for Canadian Citizens
A unique and significant advantage for Canadians is the option for expedited, same-day adjudication of the initial L-1 petition at a U.S. Port of Entry (POE) or pre-clearance facility. To learn more, visit L1 visa for Canadians.
This border processing option for the L-1 allows Canadians to avoid the lengthy USCIS mail-in process (which can take months, or requires a premium processing fee for a 15-day decision) for their first petition, offering unparalleled speed and convenience.
| Feature | L-1 Visa for Canadians | E-2 Visa for Canadians |
|---|---|---|
| Application Location | Can apply directly at a U.S. Port of Entry (border/airport) with the full I-129 petition. | Must apply and interview at a U.S. Consulate or Embassy abroad (in Canada or a third country). |
| Processing Time | Same-day decision is possible at the border, allowing immediate entry if approved. | Typically takes weeks or months for consulate appointment and final visa stamping. |
| Requirement | Based on corporate relationship and the manager/executive’s role (no set minimum investment). | Based on the applicant’s substantial investment into the U.S. business (no set minimum, but typically around $100,000 is expected). |
Expanding to the U.S.? Secure Your L-1A Visa with Our L-1 Visa Lawyers
Contact our experienced investor visa lawyer to assess your corporate structure, ensure compliance from day one and secure your L-1A visa approval.
4. E-1 Treaty Trader Visa: The Option for Global Trade
The E-1 Treaty Trader Visa is not based on a large capital investment or an intracompany transfer, but on a business’s proven history of substantial international trade with the United States. It is an alternative for entrepreneurs and businesses who are already actively engaged in cross-border commerce.
A key strategic advantage of the E-1 is that, similar to the E-2, it can be renewed indefinitely as long as the trade activities continue to meet the requirements. This provides a long-term path to live and work in the U.S. without the seven-year maximum limit of the L-1A visa.
E-1 Treaty Trader vs. L-1 Intracompany Transferee: Key Differentiators
| Feature | E-1 Treaty Trader Visa | L-1 Intracompany Transferee Visa |
|---|---|---|
| Primary Requirement | Substantial Trade (50%+ of all trade must be with the U.S.); Difficult for startups in early stages to qualify. | Qualifying Corporate Relationship (Parent/Subsidiary/Affiliate/Branch) and prior foreign employment (1 year). |
| Foreign Business | The trade itself is the focus; must maintain trade withe United States. | Must maintain an active, qualifying foreign entity for the life of the visa. |
| Visa Duration | Unlimited Renewals (issued for a maximum of 5 years, depending on nationality; renewable indefinitely). | Maximum Limit of 7 years (L-1A) or 5 years (L-1B). |
| Investment | No formal minimum investment; based on trade volume and value. | No formal investment minimum; based on viability of the U.S. office. |
| Nationality | Available only to citizens of an E-1 Treaty Country. | Available to citizens of all countries. |
E-1 Treaty Trader Visa Requirements
To qualify for an E-1 Visa, you must meet the following equirements:
- Treaty Country Nationality: You must be a national of a country that maintains a treaty of commerce and navigation with the United States.
- Trade Constitutes Exchange: The activities must involve an international exchange of goods, services or moneys.
- Trade is Substantial: The trade must involve a continuous, sizable flow of transactions based on value and volume of transactions.
- Trade is Principal: At least 50% of the international trade conducted by the company must be between the U.S. and your treaty country.
- Applicant’s Role: The applicant must be either the principal trader (owner) or an executive, supervisory employee, or possess skills essential to the firm’s U.S. operations.
E-1 Treaty Trader Visa Process
You can apply for E-1 visa in two ways:
- U.S. Consulate/Embassy: The primary method is to apply directly for the visa at a U.S. Consulate abroad.
- Change of Status (Form I-129): If the applicant is already in the U.S. in another lawful status, they can apply for a change of status with USCIS.
E-1 Treaty Trader Visa Benefits
The E-1 Treaty Trader Visa offers numerous advantages for international entrepreneurs, including the following key benefits:
- Unlimited E-1 Visa Renewals: There is no statutory maximum on the number of times the visa can be renewed.
- No minimum investment required: Unlike the E-2, the focus is purely on the continuous volume and value of existing trade, not a capital investment.
- Spouse Work Authorization: E-1 spouses receive automatic work authorization.
- Bring key employees from the foreign entity on a derivative E-1 visa: Executive, supervisory, or essential employees can also qualify for E-1 status.
- Unrestricted international travel: The visa allows for frequent and easy travel in and out of the U.S. Re-entry is granted for up to 2 years at a time during visa validity.
Ready to Expand Your Global Trade into the U.S.?
The E-1 visa is complex; the “substantial” and “principal” trade requirements are highly scrutinized by immigration officers. Our investor visa lawyers specialize in documenting the necessary history of trade volume and ensuring full compliance to achieve approval.
Contact Our Investor Visa Lawyer Today
For foreign investors and entrepreneurs looking to invest in the United States, selecting the right investor visa is essential to your success. We provide the necessary expertise to choose the best visa for your unique circumstances and will expertly navigate the rigorous application process for you, your family, and your employees.
Our investor visa lawyer specializes in assisting international investors and entrepreneurs with:
- Selecting the optimal investor visa (E-2, EB-5, L-1, etc.).
- Structuring your U.S. business for compliance.
- Successfully obtaining your visa or Green Card.
We serve companies and investors across all 50 states, the District of Columbia, and Puerto Rico from our offices in Miami, Florida, USA.
Contact us or Schedule a Consultation.
Our investor visa lawyers use business and immigration expertise to advise you on all aspects of business and investment immigration, capital raising and daily business operations.
Anda Malescu, Immigration Lawyer, Board Certified Expert in International Law
Malescu Law P.A. – Investor Visa Lawyer
Areas of Practice
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- International Business Transactions
- Investor Visa Lawyer
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