Q & A - Investor Visa Options
Q: Dear Immigration Counselors,
my brother lives in the United Kingdom with his wife and children. He owns his business and manages it. He would like to invest in the United States and possibly relocate here. He is looking into investing in real estate. But he is told that he must invest half a million dollars for the EB-5 Visa? Is there any other option?
A: Dear L.H.,
yes your brother does have other options besides the EB-5 Visa, which requires $500,000 or $1,000,000 investment, depending on the type of targeted business. In order to classify a foreigner for a possible business visa, he or she must meet the specific requirements of that visa.
Thus, for example if your brother seeks to invest a substantial amount in a U.S. business enterprise, which he seeks to develop and direct, then he may qualify for the non-immigrant E-2 Treaty Investor Visa. Although the regulations do not define "substantial,"; they do state that the business must be more than just to provide a minimal living for the investor and his family. Thus, even with an investment of much less than $500,000, a person may qualify for an investor visa.
If he seeks to open a U.S. office of the foreign company and to transfer himself as an Executive, Manager, or Employee of Specialized Knowledge, to this U.S. office, then he may qualify for the non-immigrant L-1 visa as an Intra-company Transferee.
Under the current rules, purchasing a real property does not, in and of itself, provide a status in the United Status. However, treatment of a property as a business investment, if structured properly, may qualify.
The above are some of the Visa options available. For a full evaluation of the possibilities, feel free to contact us.
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