Business and Investor Visas

If you wish to invest in or create a business in the United States and have the capital to do so, you may qualify as an Employment Fifth Preference (E5) Immigrant Investor. E5 investors receive around 7 percent of all employment based immigrant visas issued worldwide each year. There are multiple visa categories within E5. Please consider consulting an attorney beforehand to determine if your particular case meets the threshold or, if another option is warranted.

E-2 Treaty Investors and Qualified Employees

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital into a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification. 

To qualify for E-2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation;
  • Have invested, without borrowing, a minimum of $1,000,000 USD (or $500,000 USD in a high unemployment or rural area) in a qualifying commercial enterprise; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The qualifying investment must within two years create 10 full-time jobs for U.S. citizens, lawful permanent residents or immigrants authorized to work in the U.S. This excludes immediate family members of the investor.

Immigrant Investor Visa Categories:

C5 – Employment creation outside a targeted area
I5 – Investor Pilot Program in a targeted area
R5 – Investor Pilot Program not in a targeted area
T5 – Employment creation in a targeted rural/high unemployment area

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