Can’t Afford a Green Card Just Yet? How to Obtain Permanent Residency by Transitioning From the E-2 Treaty Investor Visa to EB-5

by Jennifer A. Grady, Esq. and Anthony Mance, Esq.

American Visa (XL)The E-2 treaty investor visa can be a great way for a foreign entrepreneur to open a business and live and work in the United States legally. What’s more, it is relatively affordable in that it only requires a “substantial” capital investment in a bona fide U.S. enterprise (usually in the amount of $100,000 to $250,000). The investor must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The E-2 visa allows the status holder from a treaty country, and his or her family, to come to the United States to open and operate a personal business; the spouse and unmarried children under the age of 21 are able to attend school and work as dependents of the visa. Unfortunately, however, the E-2 treaty investor status does not offer a direct path to Permanent Residence. This means that unless the status holder, or the status holder’s immediate family, has a separate path to Permanent Residence, the visa holder and family will not be able to obtain Permanent Residence status, regardless of how long they maintain their E-2 status. This is further complicated by the fact that the E-2 status is temporary and must be regularly renewed with no guarantee of success.

Furthermore, because the E-2 visa is only available to member of treaty countries, it is not available to everyone. For example, citizens of mainland China, India, Russia, and Brazil are ineligible for the E-2 visa. Continue reading

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The E-2 “Entrepreneur Investor” Visa Provides a Path for Small Business Owners to Live and Work in the US

by Jennifer A. Grady, Esq.

Dolla billFor foreign investors wishing to obtain a visa to live and work legally in the United States, there are two options available through the E-2 and EB-5 investor visa programs.  The E-2 Visa requires less startup capital (around $100,000), and is the fastest way to obtain a visa, although it is not a path to Legal Permanent Residency (Green Card).  The EB-5 Visa requires an initial investment of USD $500,000 to $1 million, and comes with Legal Permanent Residency (Green Card), and ultimately, US citizenship.  This article will discuss the details of the E-2 “Entrepreneur Investor Visa.”                     Continue reading

The Grady Firm to Attend EB-5 Market Exchange Conference in San Francisco, October 22-24, 2014

Photo Credit: http://marketplace.iiusa.org/collections/2014-eb-5-international-investment-economic-development-forum-san-francisco-ca

Photo Credit: http://iiusa.org

Jennifer Grady, Esq., founding attorney of The Grady Firm, P.C. will attend the fourth annual EB-5 Market Exchange in San Francisco on October 22-24, 2014, hosted by IIUSA. The exchange is the industry’s largest annual gathering of business-focused EB-5 professionals and will draw over 500 attendees for a week of business development, industry education, and Program Advocacy.

International investment and economic development professionals from all over the world gather to network, do business, and learn from over 80 speakers and experts, which will include former San Francisco Mayor and Speaker of California State Assembly Willie Brown; Honorable Congressman Aaron Schock; and Honorable Gary Locke, Former U.S. Ambassador to China, U.S. Secretary of Commerce, and Governor of Washington. Continue reading

Canadian Immigration Policy Turns Against Investor-Based Immigration, Leading to More Opportunities for Foreign Investors in the United States

By Jennifer A. Grady, Esq. and Anthony Mance, Esq.

 A report in the Hong Kong media led to the downfall of the world’s most popular investor-based visa program in Canada, leaving thousands of foreign investors out in the cold. According to an article published in Forbes magazine on February 13, 2014, the Canadian government announced the immediate cancellation of the popular investor visa program after the highly publicized report stated that “the country’s investor visa program had become an express lane for wealthy Chinese hoping to secure overseas residency”. The cancellation of the program meant that 65,000 pending applications, including 45,500 of which were submitted by individuals from Mainland China, were immediately eliminated.

In a statement made on the evening of February 11, 2014, the Canadian government announced the termination of both the Federal Immigrant Investor Program (IIP) and Federal Entrepreneur (EN) program. In 2011, approximately 10,000 immigrants entered Canada through the IIP, while almost 1,000 entered through the EN program. Continue reading

EB-5 Immigrant Investor Program: Q&A Regarding Hotel/Resort Development and Real Estate Acquisition

Photo credit: 'PT Money' ptmoney.com

Photo credit: ‘PT Money’ ptmoney.com

The United States Citizenship and Immigration Services (USCIS) hosted a public engagement featuring two economists who work on the EB-5 Immigrant Investor program.  Following that engagement, some stakeholders sought clarification as to certain points raised by the economists.  For the USCIS’s clarification as to two of the primary questions raised, read below.

EB-5 Projects Involving Hotel or Resort Development

Q:  When an EB-5 project involves the development of a hotel or resort, when is it economically reasonable to input projected funds spent by visitors into economic models to project indirect and induced job creation resulting from the spending of these potential hotel occupants (e.g. on rental cars, dining, etc.)? Continue reading