Immigration Attorney Discusses Investor Visas & Immigration: An Overview

February 15, 2010
By Sam Shihab on February 15, 2010 12:00 PM |

States and cities with higher unemployment rate such as Columbus, Ohio and Michigan can certainly benefit from foreign investment. The purpose of investor visas and immigration is to encourage foreign nationals to invest substantial amounts of capital and resources into the U.S. economy. In light of the current economic climate and staggeringly highly unemployment rate, outside investment could be particularly beneficial to U.S. businesses and U.S. workers. The United States Citizenship and Immigration Services (USCIS) should be encouraged to give priority processing to foreign nationals who apply for investment visas, as they guarantee capital contributions to U.S. businesses and create jobs for U.S. workers. There are three different types of investment classifications: the E visa, the L visa (when opening a new office) and the EB-5 preference category.

The E visa is reserved for Treaty Traders and Treaty Investors. Citizens of countries with which the U.S. maintains a Treaty of Friendship, Commerce and Navigation or a Bilateral Investment Treaty are eligible for an E visa if they meet certain requirements. Treaty Traders are coming to the United States with the intent to conduct substantial trade between the U.S. and the treaty country, whereas Treaty Investors intend to develop or direct the operations of an entity in which they have invested. For both Treaty Traders and Treaty Investors, the amount of trade or investment required is not quantified by statute, but must be "substantial."

The L visa is considered an investment visa when the intracompany transferee is coming to the U.S. to open a new branch office. The intracompany transferee must have executive or managerial experience and continue to work in an executive or managerial position. As is required for any L classification, the employee must have worked abroad for a branch, parent, affiliate, or subsidiary of the U.S. company for at least one out of the past three years. The employer is obligated to ensure the new office investment is sufficient to not only compensate the L manager/executive, but also immediately begin conducting business in the United States.

The EB-5 preference category is the last investor classification. Foreign nationals can qualify for the EB-5 preference category by investing in a new U.S. commercial enterprise that will create 10 additional full-time jobs for U.S. workers. Unlike the E visa, there is a defined minimum investment required: at least $1,000,000 or, if investing in a "targeted employment area," at least $500,000. The EB-5 investor must also continue to be involved in the day-to-day operations of the new commercial entity. The U.S. economy greatly benefits from the investments required to obtain an E visa, certain L visas or the EB-5 preference category and the USCIS, especially during these tough economic times, should be giving expedited processing to investment visa applicants.