West Palm Beach Investment Visas Attorney

Comprehensive Legal Support for Foreign Investors

If you are a foreign national who wishes to invest in a U.S. business, you may qualify for a green card (lawful permanent residency) under a visa labeled EB-5, or pursue temporary residency through an E-2 visa. Both are established by the USCIS and have strict requirements and eligibility criteria.

Bring your immigrant investment needs to us for legal advice. Call Asghar Law at (561) 609-0032.

As a full-service immigration law firm, Asghar Law can help you determine eligibility and guide you through the E2 or EB-5 process. Our West Palm Beach investment visa lawyers are well-versed in immigration law and procedure and are here to help enhance your chances for a successful result.

Understanding the E-2 Investor Visa

Immigration plays a crucial role in promoting economic investment. The E-2 visa provides an opportunity for foreign nationals from treaty countries to establish and develop businesses in the United States.

Under this program, as a treaty investor, you (and your spouse and unmarried children under the age of 21) may be eligible for a visa if:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation.
• You invest, or are actively in the process of investing, a substantial amount of capital in a bona fide U.S. business. This investment must be significant in relation to the total cost of the business and must involve your funds being placed at risk commercially with the goal of making a profit.
• You enter the U.S. to develop and direct the business, which can typically be demonstrated by owning at least 50% of the enterprise or holding a key executive or managerial role.

You may invest in a new business, an existing business, or one that is undergoing significant restructuring. A bona fide enterprise refers to a real, active, and legally operating business that produces goods or services for profit. Additionally, the funds you invest must be legally obtained and subject to partial or total loss if the business does not succeed.

E-2 visa holders and their employees can only work within the scope of the approved business activity, although employees may also work for related entities such as a parent company or subsidiary under specific conditions. 

Spouses and unmarried children under 21 of E-2 visa holders are eligible to accompany or follow the investor to the United States. They are generally granted the same period of stay, and spouses can often work without additional authorization, while children can pursue education in the U.S.

Understanding the EB-5 Investment Program

While the immigration process is often used to keep families together and bring skilled workers into the country, it can also be used to introduce new investment opportunities into the economy. The EB-5 program allows immigrants to buy a visa.

Under this program, as an investment entrepreneur, you (and your spouse and unmarried children under the age of 21) may be eligible for a visa if:

• You invest $1,000,000 in a commercial U.S. business ($500,000 if the business is in an area needing economic growth)
• You create at least 10 full-time jobs for U.S. workers

You may be in the process of investing or have already invested in a new business, one that is restructured, or you may be expanding a current business. You must also demonstrate that you will take an active part in the business, though it is not required that you control it. The business may be located anywhere in the U.S. and you must maintain your investment and participation in it for a minimum of three years. Generally, you are not restricted as to your source of investment funds as long as they have been legally obtained.

EB-5 green cards are limited by the U.S. government to 10,000 per year with 3,000 of those set aside for investment in economically-disadvantaged areas.

Contact Our West Palm Beach Immigration Attorneys Today

For a more detailed discussion about investor visa programs and your potential eligibility, we recommend that you contact our office to arrange a consultation. We can provide the knowledge, guidance, and oversight needed for a professionally-completed application and its accompanying process through the immigration system.

Request your consultation by contacting us at (561) 609-0032 or reaching out online.