Investor Visa Attorney Navigates The Complex Process from Lozano Law Firm's blog

Picture a situation where a foreign entrepreneur seeks to invest in the United States and contribute to its economic growth. An investor visa attorney can guide them through the complex application process in such cases. This article explores immigrant investor visas in the United States and the role of attorneys in assessing eligibility criteria and guiding applicants through the process.

A visa attorney aids foreign investors in navigating the complex U.S. immigration system. They possess a thorough knowledge of investor visa laws and regulations, enabling them to manage the application process's complexities effectively. Your attorney can offer valuable guidance and support in various ways.

They can assist with preparing and submitting all necessary documentation, ensuring it is accurate and complete. Your attorney can also represent you in communications with U.S. government agencies, such as the United States Citizenship and Immigration Services.

Furthermore, they advise maintaining visa status and adhering to all relevant regulations once granted. They can help you transition to other visa types or obtain permanent residency.

The county has two primary investor visa types: the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa. The E-2 visa is non-immigrant, meaning it does not lead to permanent residency or citizenship. The EB-5 visa, on the other hand, is an immigrant visa that can eventually lead to a green card and U.S. citizenship. An attorney can help determine the most suitable visa type for an individual's situation and assist in the application process.

To be eligible for an E-2 visa, the applicant must meet the following criteria:

• Be a national of a country that has a treaty of commerce and navigation with the United States.

• Invest substantial capital in a bona fide enterprise in the United States. There is no minimum investment amount. Still, it must be sufficient to ensure the successful operation of the enterprise.

• Be actively involved in the development and direction of the business, either as the principal investor or as an essential employee.

The application process for an E-2 visa involves submitting a Form DS-160, Online Nonimmigrant Visa Application, and supporting documents to the U.S. Department of State. Applicants must also schedule and attend an interview at a U.S. Embassy or Consulate.

The U.S. government created the EB-5 visa program to boost the economy by encouraging job creation and capital investment from foreign investors. To qualify for this visa, applicants must meet the following requirements:

• Invest at least $1.8 million in a new commercial enterprise. Alternatively, investors can make a $900,000 investment in a targeted employment area (TEA) with high unemployment or a rural location.

• Create or preserve at least ten full-time jobs for U.S. workers within two years of the investment.

• Be actively involved in managing the new enterprise through day-to-day managerial control or policy formulation.

The application process for an EB-5 visa involves filing Form I-526, Immigrant Petition by Alien Investor, with the USCIS. After the approval, the applicant must apply for an immigrant visa through consular processing. Alternatively, they can adjust their status if they are already in the United States. Attorneys can ensure the application is prepared correctly and submitted, increasing the chances of a successful outcome.

An attorney for investor visas plays a vital role in guiding foreign investors through the application process for both E-2 and EB-5 visas. Understanding the eligibility requirements and procedures can help applicants obtain an investor visa and contribute to the U.S. economy. Whether seeking a temporary visa or a path to permanent residency, legal representation is invaluable in navigating the complex U.S. immigration system.

Lozano Law Firm 5718 University Heights Blvd #104 San Antonio, TX 78249 (210) 899-2290