Rahbaran & Associates clarifies any misconceptions about the different investment visas, along with the effects on business executives who wish to do business and/or immigrate to the United States of America
The EB-5 visa is an increasingly sought-after method by foreign nationals of obtaining a permanent residency status and/or being able to do business in the United States. It has been a useful alternative for many families from countries throughout Asia, the Middle East, Africa, as well as from all over Latin America. Unfortunately, people sometimes get confused as to which kind of visa they are looking for because legal professionals often times do not understand the EB-5 legal process in its entirety and cause confusion and distrust in the market.
The most common misconception stems from referring to these visas as “investor visas.” Many call both the E-2 and the EB-5 “investor visas.” It is paramount that applicants be clear on whether or not they want to immigrate to the United States, as well as understand the benefits and disadvantages of each of these visa categories by seeking legal advice from lawyers who specialize in these types of immigration visas.
Applicants must analyze three parallels carefully:
- Both the EB-5 and the E-2 visa deal with investments in US businesses
- Both the EB-5 and E-2 visas involve the creation of a business entity in the United States
- Both the EB-5 and E-2 visa create new employment opportunities for United States persons
Benefits of the EB-5 visa Over the E-2 visa
- The EB-5 visa allows for an investor, his/her spouse and all of his/her children under the age of 21 and unmarried to obtain a Green Card (permanent residency) in the United States within 12-18 months of applying through a passive investment of as-little-as USD $500,000 in a government-approved EB-5 regional center project
- The EB-5 investor does not have to manage the investment or its employees, as it is completely a passive investment in a security
- The intention of the EB-5 visa is to immigrate to the United States
- Once the investor and his/her families receive their adjustment of status, they are permitted to live, work, study, retire and travel freely as permanent residents of the United States
Disadvantages of the E-2 visa when compared to the EB-5 visa
- The intention of the E-2 visa is to obtain a non-immigrant status
- Regardless of the amount of capital investment, an immigrant investor can never obtain a green card or permanent residency through the E-2 visa
- The investor must create and manage their company and its employees, as well continuously prove that the business is growing and increasing the amount of employees it has in order to have his/her E-2 visa renewed every 2 years
- Investor’s country of origin must be a Treaty Country of the United States (http://travel.state.gov/content/visas/english/fees/treaty.html)
Thank you for reading our article and if you have any questions about immigrating your family or business to the United States, please do not hesitate to contact us today. Our team is experienced in every aspect of non-immigrant and immigrant business and investor visa practices, as well as Standard of Operating Procedures.
Rahbaran & Associates is your gateway to the United States of America.