One of the more intriguing paths toward permanent residency in the U.S. is by way of investment. Ask any investor visa attorney, though, and you'll quickly learn this particular process requires attention to lots of details. Here are 5 things every investor visa lawyer will tell their clients to learn about before they file.
At-Risk and For-Profit
First, it's important to understand the type of business the government expects immigrants to invest in. These businesses are considered at-risk and for-profit investments. That means you can't simply invest your money in a passive income stream and expect to receive a visa. Likewise, you must invest in a for-profit business rather than a non- for not-for-profit corporation.
If you're investing in the U.S., you must put up at least $1.8 million of your own money. One exception is when the investment is made in a designated economically depressed area. Investing in these regions cuts the monetary requirement in half. Be aware the government may periodically implement upward revisions in the requirements.
The Investment Comes First
Investors must make their investments before applying for visas. This means there is a risk an investor might lose their money if the application is rejected.
An investor visa lawyer may encourage you to apply for a different visa while you wait for this one to be processed. That's a particularly good idea if your investment requires direct attention. Make sure, however, that whatever visa you use allows you to handle the business. If the government finds you in violation of rules, you may have to start over in the application process or even return to your country of origin.
The business you'll be investing in must employ American citizens, permanent residents, or lawful immigrants. An investor's business must employ at least 10 people, and none of them can be the investor's spouse or children.
Two-Year Initial Period
It's understood that it might take some time for you to ramp up a business. The initial grant of a visa is for two years. At the end of two years, you must be able to prove you've met all of the requirements. Presuming you've met the requirements, though, you'll be on track for getting permanent residency.
Limits on Acceptance
140,000 people per year are issued employment-based immigrant visas. If your application is not approved this year, you will be moved up in priority for the next year. There are also limits on how many people from specific countries are allowed into the U.S. on investment visas each year.
For more information, reach out to an investor visa lawyer in your area.
Hello, I'm Christina Miller. Have you ever been fascinated with why the law works the way it does? Ever since I was in junior high, I had an intense interest in anything related to our legal system, whether it be a crime drama on television, a judge show or a legal case covered on the news. I followed it all. As time progressed, I began learning about how the actual legal system worked and not just the fictionalized version of our legal system. This has lead me to start writing my own blog posts about law that I hope will help others.