Business Immigration to the U.S.

When it comes to tourist and other types of visas, everything is relatively clear, but business visas are not as straightforward. There are four types of visas that allow you to move to the U.S. and maintain legal status as a business immigrant, but only one of these visas will grant the holder a Green Card in the near future, while another will only pave the way to obtaining one. Now, let’s take a look at four visas that will allow legal immigration to the U.S., along with their pros and cons.

Immigration to the U.S. with a Green Card through the EB-5 Visa

The EB-5 visa allows the holder to invest the amount specified by 2022 requirements—$1,800,000—into any sector of the U.S. economy, or $900,000 into sectors designated by the U.S. government.

If the entrepreneur invests $1,800,000:

• You can invest in any sector of the economy.
• The investment must create new jobs.
• The investment can be for a new company or an existing one.
• The investment can support a business that is in a state of stagnation.

If the entrepreneur invests $900,000:

• The investment must be directed toward economically depressed regions in the U.S.
• The investment must be through regional centers, with the government specifying exactly where it should go.

A few years ago, the minimum investment was only $500,000, according to a ruling by the California court, but soon after, this figure was set at $900,000, and it is reviewed every few years.

Immigration to the U.S. through the E-1 or E-2 Visa

After receiving the certificate, the applicant will be granted a Green Card for two years, with the same issuance date as on the certificate, and the process of naturalization will begin. Naturalization will start on the first day of receiving the certificate.

Immigration to the U.S. via E-1 or E-2 Visa

For those who cannot afford to invest $900,000, there is a more economical approach. The U.S. actively welcomes individuals who are willing to invest in the economy and create new jobs. Unlike the large investment required for the EB-5 visa, the E-1 and E-2 visas significantly lower the entry threshold. A key requirement is the investor’s active participation in the business they are investing in. Let’s take a closer look at these two visas.

Business Immigration via the E-1 Visa

This type of visa is suitable if there is a treaty of commerce and navigation between the U.S. and the applicant’s home country.

An important condition is that the business must engage in active operational activities with the country from which the applicant is applying, and at least 50% of the annual trade volume must come from that country.

For more details about this type of visa and the specifics involved in applying for it, you can read further on the E-1 Visa page.

Business Immigration through the E-2 Visa

The applicant must invest in an operating business, and the investment amount should be around 50% of the business’s value. If a new business is being created, the amount should cover the costs of establishing a real business of a similar model in the U.S. It’s important to note that attempting to understate the investment won’t work, as immigration officers are well aware of the average costs of different types of businesses and can estimate even if there isn’t an official evaluation. The business will require a significant investment, but the total investment can be less than $100,000 (in the case of registering service-based businesses).

For more details about this type of visa and the specifics involved in applying for it, you can read further on the E-2 Visa page.

Both of these visas, compared to the EB-5 visa, are more advantageous because the business you establish will essentially belong to you on your terms and in the location of your choice.

Immigration to the USA through the L-1 Visa

If none of the previously mentioned methods are suitable, then you can relocate to the U.S. using an L-1 visa. While the other visas may be more complex and require significant capital investment, “opening a branch” in the U.S. and transferring a “key employee” is much cheaper. All you need to do is establish a legal entity, appoint an executive director/director in your company from the country where the applicant will be transferred, pack your things, and head to the U.S. with a visa to set up a new office for your company. This method is suitable for small businesses and those looking to approach business immigration as cost-effectively as possible since opening a branch is much cheaper than starting a new business from scratch. With the L-1 visa, your investments essentially remain within your own company but are transferred to a U.S. bank account, allowing you to use them at any time.

For more details on this type of visa and the requirements for applying, you can read more on the L-1 Visa page. We also have a guide on how to obtain an L-1 visa.