Immigration and Large-Scale Foreign Investments
Legal Help to Meet the Business Immigration Goals of Foreign Investors with E-1 and E-2 Investor Visas
With a weakened U.S. dollar caused by low interest rates and global trade imbalances, investing in the U.S. has become amore attractive proposition. Now is a good time to invest, but you must do it wisely and with a good understanding of local market conditions.
The California immigration professionals at WHGC work with investors from China and other countries in Asia and the Middle East who are seeking entry into the U.S. for business purposes on an E-1 Treaty Investor or E-2 Treaty Trader visa. *
Contact our law offices in Newport Beach or Mountain View, California, or in Beijing, China, to arrange for a consultation.
Our staff speak Mandarin Chinese and English.
*Please note that only countries that currently possess a treaty agreement with the United States are eligible to apply for an E-1 Treaty Investor or E-2 Treaty Trader visa.
For a complete list of eligible nations, please visit the U.S. Department of State website:
http://travel.state.gov/visa/fees/fees_3726.html
Developing Your U.S. Investment / Business Strategy
You'd like to invest in the U.S., but you haven't identified the most appropriate business venture or business opportunity. That's fine. The business attorneys at WHGC can help you identify business investments or help you start your own business.
- Are you considering real estate development? Prices are good right now for the long-term investor, but location is everything in the real estate industry. Allow us to investigate and present you with the best investment options for your specific situation.
- Considering expanding a textile business into the U.S. for business reasons? We can help you find the right ideal location and workforce.
- Want to start your own business? We can explain the key industries identified by the World Trade Organization and the ideal location for you to start your business based on your specific product or industry.
Business Planning Services
Our business attorneys provide a wide range of services to foreign investors seeking investment visas (see U.S. immigration restrictions for E-1 and E-2 investor visas). Begin your business planning with us and we'll take care of all of your needs, including:
- Identify the right location and help you connect with the local Chamber of Commerce
- Advise on business strategies and help development of a robust and compelling business plan
- Manage the myriad of legal issues in forming your new business entity
- Manage your intellectual property assets through proper filing of copyright, trademark, and patent protection
- Help you identify local business management resources, such as accountants and executive recruiters
- Ensure your new business complies with local and national labor laws and is protected from potential employee lawsuits with appropriate employee contracts and an employee handbook
Invest in Your Future in the U.S.
Contact the international investment attorneys at WHGC to arrange a consultation to learn more about E-1 Treaty Investor and E-2 Treaty Trader visas.
EB-5 Investor Visa Program
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 "EB-5" immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status on the basis of their capital investment in a commercial enterprise.
Eligibility Criteria
New Business Enterprise
To qualify you must:
- Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member. Targeted Employment Area is defined by law as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average." For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA).
Troubled Business
To qualify you must:
- Invest in a business that has existed for at least two years
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Immigrant Petition by an Alien Entrepreneur.
- The loss for the 12 to 24 month period must be at least equal to 20 percent of the business's net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).
Regional Center Pilot Program
To qualify you must:
- Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
- Create at least 10 new full-time jobs either directly through the capital investment.
- How the regional center plans to focus on a geographical region within the U.S., and must explain how the regional center will achieve the required economic growth within this regional area
- That the regional center's business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
- How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center's business plan
- The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:
Application Process
Acquiring lawful permanent residence ("Green Card") through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Immigrant Petition for an Alien Entrepreneur. Second, he or she must either file an application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the application or upon entry into the United States with an EB-5 immigrant visa. Third, a Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant's conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
