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Business Visas: E-2  -  EB-5

If you are interested in immigrating to the U.S through business, there are several visa options that you may be eligible for. De Maio Law can help you determine which visa is the best for you.


Whether you are looking to start a new business in the U.S, buy an existing business, or transfer as executive from a foreign company, there are several options that will allow you to come to the U.S to live and work either on a temporary or permanent basis.


E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa is a non-immigrant visa that allows businesspeople of a treaty country (a country with which the United States maintains a treaty of commerce and navigation), to be admitted and work in the United States when investing a substantial amount of capital in a U.S. business. 

Employees, as well as spouses and children of the principal visa holder may be eligible for a visa as dependents. For example, you may buy a business in the U.S and intend to manage it. 

 The preliminary period of stay in the U.S is up to 2 years, which may be extended or renewed for a period of 2 years at a time.


To qualify for the E-2 visa, the employee of a treaty investor must:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country).

  • Meet the definition of “employee” under relevant law.

  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.


The US Citizenship and Immigration Services (USCIS) defines an E-2 investment as: “The investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture or purchasing a pre-existing business”.


 EB-5 investment Visa - Substantial investment to receive a “Green card”

The EB-5 immigrant investor Program was created by Congress in 1992 to stimulate the economy through job creation and capital investment by foreign investors. If you are a prominent business investor from a foreign country, you may be eligible for an EB-5 visa.


The EB-5 visa provides a pathway for eligible investors to become lawful permanent residents for the principal visa holder and their spouse and unmarried children under the age of 21. 


To qualify for the EB-5 visa, the investor:

  • Must invest a minimum of $1 Million to finance a business in the U.S that employs at least 10 American workers.

  • Or, must invest $500,000 in rural areas or regions defined as Targeted Employment Areas (TEA) which have an unemployment rate that is at least 150% above the national average.

  • Or, must invest in a business that is an approved Regional Center. Regional Centers are federally approved third-party intermediaries that connect foreign investors with developers in need of funding.


If you would like to learn more about the process, please call our office so that we can assist you with determining your eligibility.

Law Office

Business Visas: L-1

If you are the Executive, Manager or Owner of a business overseas, you may be eligible to transfer to an affiliated company in the U.S, such as a subsidiary. Also, the L-1 visa enables a foreign company which does not have an affiliated U.S office to send an executive or manager to the U.S with the purpose of establishing one. This visa allows you to bring your immediate family as well.


To qualify for L-1 classification, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate), and

  • Currently be, or will be, doing business as an employer in the United States through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  


To qualify, you as the employee must also:

  • Have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding your admission to the U.S and

  • Be seeking to enter in an executive or managerial capacity for a branch of the same employer or one if its qualifying organizations.


Applying for a business visa may be complicated and confusing. In order to have your application professionally filed, consult with De Maio Law. We have helped numerous clients successfully enter the U.S with business visas. We can help you as well!


If you think you may qualify for any of these business visa, please contact us

at (786) 200-7411 for a confidential consultation.

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