EB-5 Visas:
On June 27, 2019, the Office of Management and Budget (OMB) reported on its website that it has completed its review of Obama’s era regulations that would imply significant changes in the minimum amount of investment, as well as other consequential changes.
The regulations have proposed to increase the minimum investment from $ 500,000 to $ 1.35 million, and the investment from $ 1 million to $ 1.8 million. After the publication of the regulation in the Federal Register, the final effective date may be from 30 to 60 days.
It is recommended that potential investors seeking an EB-5 visa begin immediately to organize their documentation proving their legal source of funds. Then, they must select their investment projects to submit their I-526 petition before the deadline for the new regulations. Similarly, projects seeking EB-5 investors should ensure that their investors have submitted their requests before the deadline.
E-2 Visas:
Alternatively, potential investors seeking an EB-5 should also consider an E-2 investor visa. They are an attractive option for businesspersons, investors, managers and foreign employees who wish to stay in the United States for extended periods of time to supervise:
A company that participates in trade between the United States and a foreign country; or
A major investment in the United States.
The E visa is not just for anyone who has a trade or an investment. This kind of visa is exclusively for what USCIS calls “treaty traders and investors”. This means that all applicants must be citizens of a country that has a trade and commerce treaty with the United States.
E-2 continued
If you are wondering if your country is a treaty country, you can look it up in the complete list provided by the Department of State. Please see follow the link below to see your country:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
The regulations state that you must be a citizen of one of these countries, but you do not necessarily have to be living there.
INVESTOR IN TREATY (E-2) VISA applicants for treated investors must meet specific requirements to qualify for an investor visa (E-2) under immigration law. The consular officer will determine if the applicant of a treaty investor qualifies for a visa.
The investor, whether a real or corporate person, must be a national of a treaty country.
The investment must be substantial. (Usually, $ 100,000 in a corporate bank account).
It should be enough to ensure the successful operation of the company. The percentage of investment for a low-cost commercial enterprise must be greater than the percentage of investment in a high-cost company.
The investment must be a true operating company. Speculative or idle investments do not qualify. Uncommitted funds in a bank account or a similar value are not considered an investment.
The investment may not be marginal. It must generate a significantly more income than just to provide a livelihood to the investor and the family, or it must have a significant economic impact in the USA.
The investor must have control of the funds and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment firm are not allowed.
The investor must be coming to the United States to develop and direct the company. If the applicant is not the principal investor, he or she must be employed in a supervisory, executing or highly specialized skill. Ordinary skilled and unqualified workers do not qualify.
