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

What’s the Difference Between the E-2 and EB-5 Investor Visas?

handshakeFor foreign investors wishing to obtain a visa to live, work, and attend university in the United States with in-state tuition rates, there are two options available through the E-2 and EB-5 investor visa programs.

The E-2 Visa requires less startup capital (around USD $100,000 to $250,000) and is the fastest way to obtain a visa, although it is not a path to Legal Permanent Residency (Green Card). The E-2 is a temporary visa based on a reciprocal commercial treaty between the United States and the individual’s country of nationality.  The visa is only available to treaty countries, for which citizens of China, India, Russia, and Brazil are not eligible.  Its processing times are generally 2 weeks to 90 days. Continue reading

The Grady Firm, P.C. attends the 4th Annual EB-5 Conference in Los Angeles

Jennifer Grady, Esq. with Former Pennsylvania Governor Ed Rendell.

Jennifer Grady, Esq. with Former Pennsylvania Governor Ed Rendell.

By Jennifer A. Grady, Esq. and Gayane Khechoomian, Esq.

The Grady Firm, P.C. attended the 4th annual EB-5 Conference in Los Angeles hosted by EB5 Investors Magazine on August 2-3, 2015 at the sold out Hyatt Century Plaza in Century City. Five hundred regional centers, attorneys, and EB-5 program stakeholders attended the event.  The EB-5 Immigrant Investor Program (EB-5), administered by the United States Citizenship and Immigration Services (USCIS), provides opportunities for qualified foreign nationals to achieve permanent legal residency in the U.S. through an investment in an USCIS-approved project that will generate at least ten full-time jobs in the United States.   Continue reading

Don’t Have a Million Dollars to Invest? The E-2 Visa Provides an Affordable Investment-Based Option to Obtain a U.S. Visa

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

Image For foreign investors wishing to come to the United States, there are several options, depending on the amount of the investment and the investor’s desired amount of involvement in a U.S. business. The most well-known option, the EB-5 Immigrant Investor Program (aka “Million Dollar Visa”), allows foreign investors to obtain Permanent Resident status in the United States by investing between $500,000 and $1 million in a U.S. enterprise.

While this program provides a relatively straightforward route to immigration, the high monetary requirements and corresponding investment risk make it inaccessible to many foreign entrepreneurs. Fortunately, for citizens of a select group of countries, there is an alternative that is both more affordable and less complex. Continue reading