Frequently Asked Questions

On this page you will find a wealth of information relating to different types of visas.

Click the type of visa you are interested in and you will be presented with FAQ's relating to that specific visa, alternatively scroll down the page to view all.

E-2 Visa

L-1 Visa

EB-5 Visa

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E-2 Visa

What is E-2 treaty investor visa?
The E-2 treaty investor visa is a nonimmigrant visa which allows foreign entrepreneurs from treaty nations to enter into the U.S. and carry out investment and trade activities.

Note: Investment activities include purchase of an existing business, or the startup of a new business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

How do I qualify for E-2 visa?
To qualify for E-2 visa:
- You must be the national of the country that has an investor treaty with the U.S. and you are involved in international trade
- You must be serving your company in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee); or you are a 50 per cent owner of the company
- Your nationals own at least 50 per cent of the stock of your company i.e. the firm has the nationality of the treaty country
- You are investing or your company has invested substantial amount that is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the U.S.
- The U.S. business will involve in active trade or rendering of services
- You intend to depart at the conclusion of your duties in the U.S.

What is a 'substantial investment'?
An investment of at least $200,000 is considered substantial. However, it is not fixed and there are consulates who may accept as low as $100,000, while a few demand as much as $500,000. Ideally $200,000 would be the most appropriate figure.These figures are not the regulations of the USCIS, but they reflect our experience in similar applications over the years.

Note: If the investment becomes equal or greater than $500,000, you maybe eligible to petition for permanent immigration status (GREEN CARD) via an EB-5 Visa application.
What do I need to invest?
While there is no minimum amount, the investment must be sufficient to establish, or purchase, a viable business. It is currently difficult to make a qualifying investment with less than $100,000 to $150,000, but it may be possible. Usually the larger the investment, the more profitable the business, the stronger the case. Note that for small businesses, you will be expected to have invested the great majority of the purchase price in cash.

What type of businesses qualify?
Your investment must be in a real operating commercial enterprise Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. Visas are issued for all types of business ventures, e.g. convenience stores, motels, property management companies, shooting ranges, gift shops, building contractors, food franchises, and pool cleaning companies. All kinds of businesses can qualify. What is critical is that the business generates more than enough income to support you and your family and creates employment. This is called a "test of marginality" Do franchises qualify for E-2 visas? Answer: Yes they can. The same requirements apply for a franchised business as any other, whether it is a new franchise or a franchised business already in operation.

What privileges do I enjoy on E-2 visa?
On E-2 visa, you may:
- Work legally in the company that is the investment vehicle in the U.S.
- Travel freely in and out of the U.S.
- Stay on a prolonged basis with unlimited two year extensions as long as you maintain E-2 qualifications
- Bring your dependents or accompanying relatives and your spouse may also work while in the U.S.
Can I get an E-2 visa to start up a new business?
Yes , it is possible. You will have to show you have made the various expenditures required to set up the business before the visa application is approved. The American Embassy will have to be convinced that your business will be profitable and employ U.S. workers. Unless you have a good track record in business in the U.K. or have firm evidence of prospective business customers in the United States, start-up business applications can be hard to get approved. However, as you will already have made various expenditures to set up the business, you will likely lose the benefit of investment funds being held in escrow pending approval or denial of visa application.

What are the limitations of E-2 visa?
- E-2 visas are available only to nationals of countries having trade treaties with the U.S.
- You are restricted to work only for the specific employer or self-owned business that acted as your E-2 visa sponsor
- E-2 visas are approved for two years at a time which makes the application/extension process cumbersome
How long can I stay in the US on investor visa?
You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
How do I apply for extension of stay on E-2 visa?
To apply for E-2 extension you must submit Form I-129, Petition for Nonimmigrant Worker, along with E Supplement and submit Form I-539, Application to Extend or Change Nonimmigrant Status, for accompanying relatives. Along with it you must submit:
- Copy of your Form I-94 Arrival-Departure document
- Copy of original Form I-797, Notice of Action, if your status was previously approved or extended in the U.S. or
- Copy of your complete passport including the E-2 visa
- Letter from your employer stating that your extension is required and
- Copy of your personal and U.S. business income tax returns for the past two years, including payroll tax returns
Note: If you file for extension before the expiry of your I-94 you may continue working for 240 days while waiting for the decision. If you file after the expiry of the visa you may stay up to 40 days awaiting the decision. If there is no decision within the 40 days you are supposed to leave terminating your work in the U.S.
Can I revalidate my E-2 visa?
No, you may not apply for visa revalidation of your E-2 visa by mail without leaving the U.S.
Can I change status while on E-2 visa?
Yes, you may apply for change of status while on E-2 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, indicating your change of status with appropriate supporting documents.
Are there any travel restrictions on E-2 investor visas?
No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
Can I study on E-2 visa?
Yes, you may study on E-2 visa, however, you may not join a full length program like an F-1. You may take up a few credits at a university when they do not harm the primary interest of the visa.

Can I bring my dependents on E-2 visa?
Yes, you may bring your spouse and unmarried children under the age 21 years to stay along with you. They may stay in the U.S. as long as you maintain a valid E-2 status. You may also bring a domestic or personal servant on nonimmigrant status, provided you can show that:
- He or she is not abandoning their residence abroad
- He or she has worked for you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant
Can my dependents work on E-2 visa?
Yes, your spouse may seek employment by applying for Employment Authorization using Form I-765, Application for Employment Authorization.
Can my dependents study on dependent E-2 status?
Yes, your dependents may join U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.
How do I apply for E2 visa?
The following documents should be presented, when applying for an E2 visa:
- Completed and signed Form DS-156, Nonimmigrant Visa Application
- Completed and signed Form DS-156E, Treaty or Trader Investor Application
- Documents that establishing the nationality of your company
- A letter from your employer detailing your position and stating that you possess highly specialized skills essential for the efficient operation of the firm
- Evidence of investment in the U.S.
- Other documents relevant to the case such as marriage and birth certificates of you and your family members
- A passport valid for travel to the U.S and with a validity date at least six months beyond your intended period of stay
- Two photographs (37 x 37mm) for each member listed in the visa application. The picture should be taken before a light background and without head covering
Where should I file my E-2 visa application?
- If you are in a lawful status in the U.S., submit the visa application to a USCIS field office in the U.S
- If you are outside the U.S., submit the visa application to the U.S. consular office in your home country
What is the processing time for E2 visas?
The processing time for E2 visas is generally four weeks from the filing of the application, this may vary depending upon the work load in the U.S. Consulate you choose to apply. However, it may take significantly longer in some Consular posts ( In particular the United Kingdom, where 8 to 10 weeks is not unusual.
What happens if I have a criminal conviction?
If you have a conviction, or have been arrested, this has to be stated in the visa application and a Memorandum of Conviction obtained from the Court in question. Visa eligibility will depend on the nature of the conviction. Minor offences are not likely to cause a problem.
What happens if I later sell my business?
If you sell the business without previously buying another qualifying business, you are no longer eligible to remain in E-2 status. You must either leave the States, or apply to change to a different status, for which you do qualify.
Can I apply for Green Card while on E-2 visa?
Yes, you may apply for Green Card while in the U.S. through the following options, and subject to meeting all USCIS requirements
- Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary
- Employment Based Immigration (Labor Certification): You can attain immigrant status through employment-based immigration. You may find an employer who is willing to file a Labor Certificate for you with the DOL
- EB-1: You may also file an immigration petition based on the classification of 'Alien of Extraordinary Ability' - EB-1(A) or 'Multinational Manager or Executives' - EB-1(C) (subject to meeting specific requirements)
- National Interest Waiver: You can also file an immigration petition through a National Interest Waiver (NIW). National Interest Waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as 'aliens of exceptional ability'

Can I gain E-2 status as a self-employed professional?
No. The principal applicant should be going to the USA to 'develop and direct' his/her trade or investment, not to be a factor of production or trade in his/her own right. Thus accountants, IT consultants, doctors, lawyers, etc, cannot obtain E-2 status to enable themselves to practice their profession in the USA.

How long can I stay in the USA in E-2 status?
Indefinitely, provided the level of international trade or the value of your investment, profitability of the enterprise and number of employees in the US remains sufficient to justify your being there. Registration is initially valid for between two and five years, but can be renewed any number of times, subject to approval by appropriate DOS Consular Office.

Why isn't my country eligible for E-2 Treay Investor status?
The treaties which give rise to eligibility for E status are generally on a reciprocal basis, in that they will also entitle US persons and companies to obtain similar immigration rights in the other treaty country. Nations with restrictive inward investment policies or currency controls are unlikely to have such a treaty with the United States. Further, most recent treaties entered into by the United States with e.g. the former Communist countries tend to be Bilateral Investment Treaties, conferring only E2 eligibility on nationals of the other contracting state. Note also that existing treaties may be suspended if the United States' relationship with the other treaty signatory deteriorates significantly or that country is subject to international sanctions, etc.

My wife and I are both holding E-2 visas in the United States. Our son was born in the US in 2005 and thus is an American citizen. Are we qualified for green card because of him? Could we apply before he is 18?
Your child cannot petition for you to get a green card by virtue of his being a US citizen until he is 21 years old. One of the most common myths in immigration law is that having a child in the US gives you the right to remain in the US .

L-1 Visa

What is L1 visa?
The L1 visa is a nonimmigrant visa which allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of an organization.

How do I qualify for L-1 visa?
To qualify for an L-1 visa, your:
- U.S. company to which you are being transferred must be a branch, subsidiary, affiliate or joint venture partner of your non-U.S. employer
- Employment in the U.S. company must be as a manager, executive or person with specialized knowledge and skills

What privileges do I enjoy on L-1 visa?
On L-1 visa, you may:
- Be transferred to the U.S. and work legally for a U.S. company that is a branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S.
- Be quickly issued your visa
- Be permitted to travel in and out of the U.S. or remain here continuously until your L-1 status expires
- Avail of visas for accompanying relatives
- Apply for a Green Card through employment and skip a major step of that process (no Labor Certification requirements)

What are the limitations of L-1 visa?
On L-1 visa, you may:
- Work only for the U.S. employer who acted as your L-1 visa sponsor
- Get visa approval for up to three years. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive, five years if you come as a specialized knowledge employee

What is the difference between L-1A visa and L-1B visa?
The L-1A visa is for managers and executives. On L-1A visa you may apply for a Green Card without going through the process of Labor Certification. If you were a manger or executive with the overseas branch for one year, you do not have to be in L-1A status for a year unless you are starting a new company in the U.S. after being on L-1 status for only a year.

The L-1B visa is for key employees (accountants, computer programmers, etc). You must have specialized knowledge of the company's products or procedures.

What is the processing time for L-1 visa?
After signing all documents it could take two to four months to process a normal L-1 and one to three weeks to process an L-1 covered by an L-1 Blanket approval.

Can I extend my stay on L-1 visa?
Yes, you may apply for L1 visa extension using Form I-129, and L Supplement. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive.

Is it possible to speed up the process of procuring an L-1 visa?
Yes, the USCIS has instituted a program called Premium Processing. If the USCIS is paid an extra $1,000 on a separate check, the USCIS guarantees it will adjudicate the petition in 15 days or notify you if more evidence is needed.

Who can qualify as L-1 Executive?
Any person who has worked for a corporation or company for at least one year as Manager or Executive in the preceding three years may qualify as L-1 Executive.

What is the definition of a Manager for L-1 visa purpose?
The definition of manager for L1 visas includes an employee who manages an essential function of the business within a qualifying organization. A special definition of Manager applies when you are coming to set up a new U.S. office or purchase a new business. The USCIS regulations provide that in a new office situation it must be shown that the new office will be able to sustain a Manager or Executive transferee within one year of approval of the petition. This may be done through submission of a statement by the employer to the USCIS including:
- Proposed nature of the office, describing the scope of the entity, its organization structure, and its financial goals
- Size of the U.S. investment and the financial ability of the foreign entity to remunerate the L-1 beneficiary and to commence doing business in the U.S.

What is the minimum educational requirement and business experience for an Executive or Manager to get L-1 visa?
There is no minimum educational requirement for L-1 visa, however, you must have:
- Worked for a corporation as Executive or high level Manager or
- Managed an essential function of the business, such as marketing or accounting functions with proper education to back it up, for at least one year in the preceding three years

If I have worked as a Manager in a key position for a company or corporation in my country do I qualify for L-1 visa?
Yes, if your company can send you to the U.S. to work for a branch office, subsidiary or affiliate, or to open and manage a franchise or non-franchise business.

What are the documents required to apply for L-1 visa?
The documents required for L1 visa application are:
- Filled-in visa application Form DS-156
- One recent photograph 1 & 1/2 inches square 37mm x 37mm of each applicant, with the entire face visible. The picture should be taken before a light background without head covering
- A passport, valid for travel to the U.S. for at least six months longer than your intended visit
- Employee copy of Form I-797 Approval Notice. This petition is filed with the USCIS by your employer
- Copy of Form I-129, Petition for Nonimmigrant visa

What is an L-1 petition?
A petition is the process by which the USCIS determines that you meet the basic qualifications for a particular visa. It is through the L-1 petition process that the USCIS determines that you have the experience background to qualify as an L-1 worker.

What documents are required to apply for an L-1 petition?
Along with your L-1 petition, you must submit an original and signed letter from your company confirming your:
- Present employment, your position, and length of service with the company
- Company knows about and authorizes your transfer to the U.S. company
- U.S. company's name and full address. If more than one location is involved, supply the names and addresses of all locations
- Statement about the position you will fill in the U.S.

Can my L-1 petition be filed outside the U.S.?
No, your L-1 petition has to be filed in the U.S. It cannot be filed at an American Consulate overseas.

Can I come to the U.S. on a visitor visa or Visa Waiver while the L-1 petition is being processed?
This is possible but not advisable. Under no account should you risk putting in jeopardy the issue of an L-1 visa by engaging in anything that might be construed as work. This could lead to your being accused of visa-fraud either on entry to the U.S. with a visitor visa/visa-waiver or when you apply for an L-1 visa at the U.S. consulate in your own country.

How can I avail of faster green card processing on L-1 status?
L-1 foreign nationals who are managers and executives are eligible for the 'priority workers' category. Foreign nationals falling into this category may apply for permanent residency without having to undergo the time consuming labor certification process.

What is Advance Parole?
If you are applying for Adjustment of Status to permanent resident, you must receive advance permission to return to the U.S. if you are traveling outside the U.S. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the U.S.

Can I travel after applying for Green Card on L-1 status?
Yes, if you are in a valid L-1 status you do not need an Advance Parole if you have applied for a Green Card. However, you must be coming back in to work with the same employer that applied for your L-1. Your spouse and children can also travel and the same rules apply

What is the labor certification process?
Labor Certification is a laborious procedure requiring that the employer prove that there are no minimally qualified U.S. workers to fill the foreign national's position. The procedure is complicated, expensive, and there is no guarantee that it will eventually lead to a green card. Thus, avoiding this procedure is a prudent course to take when examining routes to permanent residency.

What is the visa status given to the dependents of a L-1 visa?
L-2 visa is issued to the dependents of US L1 visa holders. Dependents include the spouse and children below 21 years of age.

Can my dependents work in the U.S. on L-1 visa?
L-2 spouse of an L-1 visa holder can now obtain a general Employment Authorization. This employment authorization must be applied for separately, though. The L-2 child is not permitted to work.

Can I transfer or change jobs on an L-1 visa?
Yes, the U.S. Citizenship and Immigration Services has to be notified of any change in your employment status.

What happens if my employer fires me while I am in the U.S. on an L-1 visa?
You have a short grace period in which you may look for a new job, and have it approved by the USCIS. Barring that, you need to return to your home country.

Can I work for any other company other than the company that sponsored my L-1 visa?
No, you may not be permitted to work for a company other than the one that has sponsored your L-1 visa.

Is there a requirement to pay L-1 workers the 'prevailing wage'?
No, there is no such requirement, but paying L-1 workers significantly below the prevailing wage or the wages of your U.S. resident staff is likely to result in the USCIS viewing your petition unfavorably. It could also result in investigations by the USCIS or Department of Labor.

Can I move L-1 employees to different sites around the U.S.?
Yes, you may move L-1 employees to different sites provided they remain under your management and control.

Can L-1 employees work part-time?
Yes, L-1 employees may work part-time.

What benefits will I get by applying for L-1 visa when compared to E-2 treaty investor visa?
The two major benefits of L-1 visa over E-2 visa are:
- L-1 petition gets approved in the U.S. unlike the E-2 visa
- L-1 status allows you to legally apply for a Green Card. On E-2 visa you can apply, however, it is much more difficult

Once my L-1 petition is approved, can I form a new corporation and purchase a new business under the new corporation?
Yes, you may purchase new business, as long as long it is done under the same corporation name. You may not change employers or corporation without filing a new L-1 petition.

Is there any limit on the number of L-1 visas available in a year?
No, there is no annual cap on the number of L-1 visas.

What is L1 Blanket petition?
The L1 Blanket petition is a procedure through which a very large company can pre-qualify to transfer their L-1 employees. Once the L1 Blanket is approved, the company can transfer people to the U.S. quickly and on short notice without having to file a petition with USCIS.

EB-5 Visa

What is EB-5 Investor Green Card?Back To Top
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals are those who have invested, or are actively in the process of investing, the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
Who is eligible for EB-5 Investor Green Card?Back To Top
You may be eligible for EB-5 immigrant visa if you establish a new commercial enterprise by:
- Creating an original business
- Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
- Expanding an existing business by 140 per cent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 per cent of its net worth over the past 12 to 24 months; and
If you have invested, or are actively in the process of investing, in a new commercial enterprise:
- At least $1,000,000, or
- At least $500,000 where the investment is being made in a 'targeted employment area,' which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
If your engagement in a new commercial enterprise will benefit the U.S. economy to:
- Create full-time employment for not fewer than ten qualified individuals; or
Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a 'troubled business', which is a business that has been in existence for at least two years and that has lost 20 per cent of its net worth over the past 12 to 24 months

How do I file the EB-5 Green Card petition?Back To Top
To seek status as an immigrant investor, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that your investments meet all the requirements, such as:

Establishing a new commercial enterprise
Investing the requisite capital amount
Proving the investment comes from a lawful source of funds
Creating the requisite number of jobs
Demonstrating that the investor is actively participating in the business; and, where applicable
Creating employment within a targeted employment area

How do I obtain Conditional Resident status after filing the EB-5 Green Card petition?Back To Top
Once Form I-526 is approved, you may obtain status as a conditional resident by:

Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the U.S. or;
Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the U.S.

How do I obtain Permanent Resident status after filing an EB-5 Green Card petition?Back To Top

Where should I file my EB-5 Green Card petition?Back To Top

Where can I find the law on EB-5 Green Card?Back To Top

Benefits of the Green Card: EB-5

You have unlimited right to live anywhere in the U.S.
You do not require an employment authorization to accept employment
You can develop and run your own business
You do not need a family member or employer to sponsor you
You can sponsor Green Cards for your relatives
You can become a U.S. citizen once you have been a permanent resident for more than five years

Requirements for the Green Card: EB-5

Creating a New Commercial Enterprise

Creating an original business
Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results
Expanding an existing business by 140 per cent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 per cent of its net worth over the past 12 to 24 months

Investing in a New Commercial Enterprise

Benefit the U.S. Economy and Create Jobs

Create full-time employment for not fewer than ten qualified individuals, or
Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 per cent of its net worth over the past 12 to 24 months

Applying for the Green Card: EB-5

Filing the Green Card: EB-5 Petition

Establishing a new commercial enterprise
Investing the requisite capital amount
Proving the investment comes from a lawful source of funds
Creating the requisite number of jobs
Demonstrating that the investor is actively participating in the business, where applicable
Creating employment within a targeted employment area

Obtain Status as a Conditional Resident

If you reside within the U.S., apply for adjustment to Conditional Permanent Resident status
If you reside outside the U.S., apply for an immigrant visa at a American Consulate abroad

Remove Conditions on Permanent Residence

How many immigrant visas are allotted for this classification?Back To Top

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 5,000 immigrant visas are set-aside for aliens who invest in designated regional centers, areas of high unemployment or other qualifying rural areas.

What is meant by the requirement that the investor’s assets be “lawfully gained”?Back To Top

Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

The project requires an investor to reveal where and how he received his assets in the amount of at least US$550,000 that are used for qualifying for the program. This may be accomplished through certificates by the investor’s qualified accountants, lawyers, court records, salary statements, tax statements, real estate documents, inheritance and estates etc.

Must I have previous business experience or education?Back To Top

The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he or she has the required net worth and capital.

Must I speak English?Back To Top

Must I be in good health?Back To Top

Yes

What is the difference between “conditional” and “unconditional” green cards?Back To Top

Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a “conditional” green card, which must be reissued after two years, subject to removal of conditions.. Otherwise, the two cards offer the same rights and privileges.

If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview, and how soon do I get my “Green card”?Back To Top

Upon approval of I-526 Petition, you must wait for notification from the US Consulate in your home country to prepare documents for the Visa interview. The purpose of this procedure is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 application, including asking the investor to summarize the nature of his or her immigrant investment. If the investor and his or her family are in the United States, then you may apply for adjustment of status by filing form I-485, and supporting documents, the application may be filed at the appropriate office of the USCIS.

Can I apply if I have been rejected or terminated in the past by USCIS for a L-1, B, or other visa?Back To Top

Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the limited partnership and legal counsel in advance of application.

After petition approval, can members of the family interview in different countries?Back To Top

Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.

Who receives the permanent residency (“green card”)?Back To Top

Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be included in the family. Upon approval you will receive a form evidencing approval and a travel document. You should also receive a temporary green card in the mail.

What makes this program different from the L-1 (manager transfer) or E-2 (Treaty /Investor)?Back To Top

Participation in the Immigrant Investor programs yields permanent resident status. The E-2 Treaty Investor programs allow for nonimmigrant status only. When the qualifying business/ investment ends, so does the non-immigrant status that has been granted to the alien. Likewise, the L-1 is a non-immigrant classification. Unlike E-2, the L-1 alien can apply for classification as a Multinational Executive or Manager. If such a case is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status.

How long must I remain in the United States each year?Back To Top

The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States . Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the US for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.

What are the benefits of the green card?Back To Top

Each person has his or her own reason for wanting permanent residence in the United States , and having a green card provides many benefits that accomplish these goals:

All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.
The U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the family with a “green card” can enter the U.S. at any time and stay as long as he or she wishes.
Investors have constant and easy access to the United States for personal, trade and business purposes.
Permanent residents travel to the U.S. without the need of a visa. Investors may work, live, or own their own proprietary businesses anywhere in the United States.
The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.
The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and goods in most other countries.
Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay for part of his education and to work while attending graduate and postgraduate studies.
The U.S. provides many financial, social and education entitlements: public schools, health and medical attention, social security, and education.
The Investor has the ability to bring other family members to the U.S. after proper application, and can obtain U.S. citizenship after 5 years.
The permanent residency requires no renewal or re-application. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

What is the difference between permanent residency and citizenship?Back To Top

Once you obtain a green card, and become a legal permanent resident, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and are not entitled to some public benefits. You are subject to the same tax filing requirements and entitled to the same tax rates and deductions as U.S. citizens.

Your "green card" is your most important travel and identification document. When your green card arrives, please look at it carefully. You may need to extend it in 10 years. If you need to replace it before then because it is lost, stolen or dilapidated, you may file a form with the INS.

"Abandonment of residency" rules are an important restriction to which legal permanent residents are subject. Abandonment can occur when you are outside of the United States for more than six months without informing the INS of your plans in advance. The law provides that you are free to travel abroad, provided that your trip is "temporary." Generally, the INS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a "re-entry permit" before your departure.

One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years. There are two ways to become a U.S. citizen. One is by being born in the U.S. or being born to a U.S. citizen. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for 5 years is one of the basic requirements for qualifying the naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.

How many immigrant visas are allotted for this classification? Back To Top

What is the history of the EB-5 visa category?Back To Top

The EB-5 visa category started in 1991. Regional Centers started in 1993. The State of Vermont Agency of Commerce and Development, formed its regional center in 1997, and the Ski Resort discussed in this program was utilized as the business model to both justify and support the application for Regional Center Designation, which was duly approved by the Immigration and Naturalization Service.

During the mid 1990-'s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn't offer sound investments, and investment opportunities, didn't raise the full $500,000 investment capital or hire the required number of employees.

INS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in 2002, in a case commonly known as "Chang" the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.

In January 2005, to improve and expedite EB-5 regional center related applications USCIS established an Investor and Regional Center Unit, IRCU, the unit being the sole adjudicative jurisdiction for Regional Center applications pursuant to the Immigrant Investor Pilot Program for purposes of approval, denial and Requests for Evidence (RFE's).

It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full $500,000 as prescribed by the rules, with proper supporting documentation, should be approved.

What makes the EB-5 Visa program different from the L-1 (manager transfer) or E-2 (Treaty /Investor)?Back To Top

Participation in the Immigrant Investor programs gives you permanent resident status (green card). Permanent residency requires no renewal or re-application.

The E-2 Treaty Investor programs allow for nonimmigrant status only. When the qualifying business/ investment ends, so does the non-immigrant status that has been granted to the alien. The Alien will have to leave the United States unless another visa category is granted. Also children over the age of 21 cannot be covered under your visa, and will have to obtain their own visa or leave the United States.

Likewise, the L-1 is a non-immigrant classification. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

Unlike E-2, the L-1 alien can apply for classification as a Multinational Executive or Manager. If such a case is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status.

Is EB-5 a truly passive investment?Back To Top

The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise.

Where can I find a copy of the relevant EB-5 law and regulations to review?Back To Top

Please go to the Bureau of Citizenship and Immigrations Services web site. A link to immigrant investment visa information is available at:

http://www.eb5greencard.com/uscis_regs.php

I want to invest in the USA and get a green card, is the EB5 visa suitable for me?Back To Top

EB5 investor Visa is suitable for people from all walks of life: professionals, business people, persons wanting to facilitate their children's education and attend US colleges and Universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the US for the Investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider a regional center EB-5 investment.

What if I want to manage my own business?Back To Top

If you want to manage your own business, consider an L-1 Visa (Non-Immigrant Intra-company Transferee), E-2 Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000 into your own business which you control, and creating the necessary 10 new jobs within a new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is more often cheaper and/or convenient and possibly with much less risk to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.

Can money gifted by a parent or other relative be used for an EB-5 Investment?Back To Top

Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is a not a mere ruse or that the gifted funds will be given back after permanent resident status is granted.

What is a 'Conditional' Green Card?Back To Top

A conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the CIS to verify that all of the funds have been invested and employment created, - in a regional center whether directly or indirectly. . When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.

What issue caused the most problem when applying for an EB-5 visaBack To Top

The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. In this era of terror alerts, and suspicions about money laundering, CIS case examiners require a well-documented source of funds.

How long must I remain in the United States each year?Back To Top

What is the difference between permanent residency and citizenship?Back To Top

Can my Green card be taken away from me? - How to Keep Your Green Card After You Get It!Back To Top

Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime.

The second requirement is that you not abandon the United States as your permanent residence. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems may arise, however, because the INS will try to judge your intention by the way you act.

As a general rule, if you have a green card and leave the United States for more than one year, you may have a difficult time reentering the country. That is because the INS feels an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months.

It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact is that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. Once again, the INS will look to your behavior for signals that your real place of residence is not the United States.

On the other hand, remaining outside the United States for more than one year does not mean you have automatically given up your green card. If your absence was intended from the start to be only temporary, you may still keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must either apply at a U.S. consulate for a special immigrant visa as a returning resident or you must get what is known as a reentry permit.

I have a Green Card and plan on traveling out of the US for a long time. Can I keep my Green Card?Back To Top

Maybe. The primary rule surrounding Green Cards is that you lose it if you give up your US residence. So in theory, if you, for example, show up with a moving van on the border to Canada or Mexico, there is a chance that a BCBP officer who notices this can question you and possibly revoke your Green Card right away.

The more common criterion, though, is time based. There are three important time limits to know about.

If you are absent for less than six months, you will rarely have a problem. It is to USCIS to prove that you abandoned your residency. Absent that, you are considered to never really have left.
If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months, you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again, too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.
If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if by chance the immigration officer didn't ask you how long you have been out of the USA when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the USA for a very long time, and make it your bona fide residence again.

I need to travel out of the US for more than a year. Is there nothing I can do?Back To Top

You can apply for a reentry permit (on form I-131) before you leave the US. You can depart before the reentry permit is approved.

With such a reentry permit, you can return to the US even after one year until the reentry permit's expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the US for a short time and apply for a new one. The second such reentry permit will be granted for two years ago, but subsequent ones may only be approved for one year at a time.

How long is a Green Card valid for?Back To Top

There are several answers to this question.

If you received your Green Card through marriage, and have not been married for two years when you got your Green Card, you should have a conditional Green Card that is good for two years. Also, if you received your Green Card through investment (EB-5), you should have a conditional Green Card for two years.

You must apply for removal of the condition within 90 days before the two years are up. Once that is approved, you have a regular unconditional Green Card. If you apply either too early or too late, you have a problem and should consult with an attorney for advice.

If you do not have the condition removed, the Green Card will become invalid at the end of two years, and your permanent resident status will be terminated.

Unconditional Green Cards are good for ten years. This does not mean that after ten years, you stop being a legal permanent resident - only the card itself becomes invalid. You must apply for a new one using form I-90. Without a current Green Card, you cannot use the Green Card to travel out of the USA, and you also cannot use the Green Card as evidence that you are permitted to work.

Are any countries excluded from eligibility for the EB-5 Visa program?Back To Top

Residents of only a few countries are excluded (e.g., Iran and Iraq). In most cases, however, if the applicant is able to leave the excluded country and has the necessary capital to qualify under the program, legal counsel will be able to help the applicant qualify for visa approval.

What is an "escrow" account, and when does the investor transfer the money to this account?Back To Top

An Escrow Bank Account is a legal, interest-bearing account established in a bank to hold the initial deposit in trust until the completion of visa processing. This type of account is commonly used in the sales of real estate, businesses and personal property. The Investment Visa Program has established an Escrow Bank Account for the purpose of safely holding an investor's funds until such time as the investors petiton has been approved by the USCIS in the United States. Escrow accounts have been established at a leading bank in the United States. Under the agreements entered into with the servicing affiliate, the investor's money is not authorized to be released from the Escrow Bank Account by the bank until the visa I-526 Petition has been approved. This process was created to protect the investor.

How does the bank "escrow" account protect me against the risk of losing my money?Back To Top

The initial cash deposit from the investor is placed in a legal, interest-bearing Escrow Bank Account. When an Escrow Bank Account is established, the funds continue to belong to the investor; however, they arc committed to be placed into the investment upon petition approval. The attorney or bank has an agreement with the investor that requires the funds to be released from the account only when the petition is approved by the USCIS.

Can I apply if I am currently out-of-status (i.e., I live in the United States, but do not have a current visa)?Back To Top

Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy there. Examples of "out-of-status" individuals are students, tourists, E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked.

What is a Designated Regional Center?Back To Top

A "Regional Center:"

Is an entity, organization or agency that has been approved as such by the Service;
Focuses on a specific geographic area within the United States; and ,
Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

Important notes

Visa and related immigration information provided herein is for general information purposes only, and should not be relied upon without obtaining specific legal advice from a licensed attorney. This information is provided by David J Mourick Esq. Attorney at Law, as a public service and is not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. David J Mourick - Attorney at Law - Bonita Springs, Florida.

Rapid USA Visas, Inc. do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services.

Important Notice to all visitors of this website: Please read full disclaimers, click here

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Frequently Asked Questions

On this page you will find a wealth of information relating to different types of visas.

E-2 Visa

What is E-2 treaty investor visa?

How do I qualify for E-2 visa?

What is a 'substantial investment'?

What do I need to invest?

What type of businesses qualify?

What privileges do I enjoy on E-2 visa?

Can I get an E-2 visa to start up a new business?

What are the limitations of E-2 visa?

How long can I stay in the US on investor visa?

How do I apply for extension of stay on E-2 visa?

Can I revalidate my E-2 visa?

Can I change status while on E-2 visa?

Are there any travel restrictions on E-2 investor visas?

Can I study on E-2 visa?

Can I bring my dependents on E-2 visa?

Can my dependents work on E-2 visa?

Can my dependents study on dependent E-2 status?

How do I apply for E2 visa?

Where should I file my E-2 visa application?

What is the processing time for E2 visas?

What happens if I have a criminal conviction?

What happens if I later sell my business?

Can I apply for Green Card while on E-2 visa?

Can I gain E-2 status as a self-employed professional?

How long can I stay in the USA in E-2 status?

Why isn't my country eligible for E-2 Treay Investor status?

My wife and I are both holding E-2 visas in the United States. Our son was born in the US in 2005 and thus is an American citizen. Are we qualified for green card because of him? Could we apply before he is 18?

L-1 Visa

What is L1 visa?

How do I qualify for L-1 visa?

What privileges do I enjoy on L-1 visa?

What are the limitations of L-1 visa?

What is the difference between L-1A visa and L-1B visa?

What is the processing time for L-1 visa?

Can I extend my stay on L-1 visa?

Is it possible to speed up the process of procuring an L-1 visa?

Who can qualify as L-1 Executive?

What is the definition of a Manager for L-1 visa purpose?

What is the minimum educational requirement and business experience for an Executive or Manager to get L-1 visa?

If I have worked as a Manager in a key position for a company or corporation in my country do I qualify for L-1 visa?

What are the documents required to apply for L-1 visa?

What is an L-1 petition?

What documents are required to apply for an L-1 petition?

Can my L-1 petition be filed outside the U.S.?

Can I come to the U.S. on a visitor visa or Visa Waiver while the L-1 petition is being processed?

How can I avail of faster green card processing on L-1 status?

What is Advance Parole?

Can I travel after applying for Green Card on L-1 status?

What is the labor certification process?

What is the visa status given to the dependents of a L-1 visa?

Can my dependents work in the U.S. on L-1 visa?

Can I transfer or change jobs on an L-1 visa?

What happens if my employer fires me while I am in the U.S. on an L-1 visa?

Can I work for any other company other than the company that sponsored my L-1 visa?

Is there a requirement to pay L-1 workers the 'prevailing wage'?

Can I move L-1 employees to different sites around the U.S.?

Can L-1 employees work part-time?

What benefits will I get by applying for L-1 visa when compared to E-2 treaty investor visa?

Once my L-1 petition is approved, can I form a new corporation and purchase a new business under the new corporation?

Is there any limit on the number of L-1 visas available in a year?

What is L1 Blanket petition?

EB-5 Visa