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The United States offers various visa categories tailored to entrepreneurs looking to invest in U.S. businesses. Among these are the E-1, E-2, and EB-5 visas, which provide opportunities for foreign investors to contribute to the American economy while securing legal status.
The E-1 and E-2 visas are particularly advantageous for nationals of countries that maintain trade agreements with the United States. These visas allow qualified investors and traders to conduct substantial business activities within the U.S. for a period determined by the respective treaty.
The E-1 visa permits foreign traders to engage in significant international trade with the U.S., while the E-2 visa enables investors to establish and manage businesses in which they have made substantial financial investments. To qualify, investors typically need to acquire or establish a business that will operate as their investment vehicle. These visas were introduced to enhance economic cooperation between the U.S. and treaty nations.
The EB-5 visa, on the other hand, is designed for investors seeking permanent residency. Applicants must invest a minimum of $1,000,000 in a U.S. enterprise, or $500,000 in a designated regional area, while also creating at least ten full-time jobs for American workers. Unlike the E-category visas, the EB-5 visa leads to a green card, making it an appealing option for long-term investors.
In 1990, the U.S. Congress introduced the “Investor Visa” program under the E-1, E-2, and EB-5 categories to attract foreign capital and boost job creation. Initially, 10,000 investor visas were allocated per fiscal year to nationals of treaty countries.
In 1993, the federal government launched the “Regional Center Program” to direct EB-5 investments into designated areas, particularly rural and high-unemployment regions. Over the years, program changes have made it both more structured and more challenging for investors to qualify.
By 2002, immigration policies were revised to protect investors who had been affected by earlier regulatory changes. New regional centers were established to align with updated EB-5 requirements, ensuring better oversight of investment projects.
Since the 1994 North American Free Trade Agreement (NAFTA), Mexican nationals have been eligible for E-1, E-2, and EB-5 visas. Investors must own at least 50% of the company and oversee its operations.
Colombia has maintained a free trade agreement with the U.S. since 1948, allowing its citizens to obtain E-1 and E-2 visas for business investments.
Spanish nationals can apply for E-category visas under the U.S.-Spain trade agreement. These visas are valid for five years and can be extended with continued compliance.
Other eligible countries include Canada, Chile, Australia, New Zealand, South Korea, Japan, Italy, Belgium, and Argentina, among others. However, countries like Venezuela, Cuba, and Guatemala do not have trade agreements with the U.S., meaning their nationals do not qualify for E-1, E-2, or EB-5 visas.
Navigating the investor visa process can be complex, making it essential to work with an experienced immigration lawyer. At Guerra Sáenz, PL, our legal team helps foreign investors secure E-1, E-2, and EB-5 visas by ensuring compliance with U.S. immigration laws and guiding clients through each stage of the process.
Our South Florida immigration lawyers provide strategic legal assistance to investors seeking to establish businesses in the U.S. We assist in preparing the necessary documentation, structuring investment plans, and ensuring that all eligibility requirements are met. Additionally, we help investors transition from visa holders to permanent residents and, ultimately, U.S. citizens.
If you are considering investing in the United States and need professional legal guidance, contact Guerra Sáenz, PL at (954) 434-5800 to schedule a consultation.
