The investor visa in USA, or the EB-5 Immigrant Investor visa, is for people and their immediate families (spouses and children under 21 years of age) who make an investment in a commercial enterprise in the US, and who create or maintain ten permanent full-time jobs for US qualified employees. The investment has to be in the value of USD 1,000,000 or at least USD 500,000 in a targeted employment area (high unemployment or rural area). If you do not qualify for this type of visa, you might apply for another type of visa, for example, a visa for persons of extraordinary ability.
There is a limited number of investor visas that are issued in the USA, with a maximum of 10,000 being authorized by the US authorities each fiscal year.
If you have any business plans in Miami, you can request the services of our US immigration lawyers here who can help you apply for an investor visa.
Types of investor visas for entrepreneurs with business plans in Miami
Even if the EB-5 visa is one of the most advantageous ways of immigrating to the USA based on investment, there are also other options for those who want to establish themselves here as entrepreneurs.
It is quite easy to relocate to Miami with the help of our lawyers through one of the following types of visas:
- the E-1 visa;
- the E-2 visa.
Our law firm is at your service no matter the way you want to move to this country, and particularly if you are interested in Florida. In case you need assistance for obtaining the startup visa in another state, such as the Netherlands, we recommend our Dutch partners – Immigration-Netherlands.com.
Requirements of the Investment Visa in USA in 2023
At the level of 2023, in order to receive the investor visa in the United States, besides the requirement of investing the above-mentioned funds, the candidate also has to meet the following criteria:
• He or she must have an approved Form I-526, Immigration Petition by Alien Entrepreneur. Our immigration lawyers in Miami can give you more details on this matter;
• He or she has to be able to enter the US;
• The immigration visa in Miami can be immediately issued.
Below, foreign investors can find out more details on the process of obtaining an investment visa in Miami, USA:
Investment options under the EB-5 visa
You can obtain an EB-5 visa through one of two types of investments:
- a minimum of $800,000 in a TEA (Target Employment Area);
- a government-approved program in a rural area or a region with a high unemployment rate.
Outside of a TEA, a direct investment of at least $1.05 million is required at the level of 2023. You can start your own business in the US or invest in one that already exists there, but you must make sure it complies with USCIS regulations.
The USCIS operates a number of Regional Centers across the country with the goal of fostering economic development in particular US regions. The list of regional centers for EB-5 immigrant investors can be provided by our immigration lawyers in the United States.
If you invest in a TEA, you must demonstrate that at least 10 jobs were directly or indirectly created as a result of your investment. Jobs created as a result of business investment are known as indirect jobs because the individuals hired work for other businesses.
Since most applicants are interested in the immigration component, the majority of EB-5 applications are submitted through Regional Centers. So, if you want to use this method for obtaining an investor visa for USA, you can rely on our specialists.
If you are granted an EB-5 visa, you are free to live and work wherever you like in the US. You do not need to reside in the same state as the one in which you make your investment if you made it through a Regional Center. However, if you made a direct investment, you might need to be close to the company you invested in as you would need to demonstrate your involvement in the business.
You can also count on us if you are interested in applying for a spouse visa for USA this way, as family reunion is possible for investors moving here.
Duration of stay with the Investor Visa in Miami
Initially, the investor visa in Miami permits the candidate and his immediate family to receive conditional Green Cards which allow them to live and work in the US for two years. After 21 months from receiving the conditional Green Cards, the candidate has to prove that the entrepreneur did not withdraw the investment and that the project was finished or substantial progress was made for the job creation. If the entrepreneur can prove these facts, the conditions are lifted form the Green Card and the resident status can become permanent.
Are you interested in relocating to USA from UK? Reach out to our lawyers as soon as possible and obtain your immigration visa in Miami.
We can also help you check your eligibility for an EB visa for employment relocation to the USA.
How to Apply for the Investment Visa in Miami in 2023
When you apply for the investor visa in Miami in 2023, there are two possibilities:
• Applying from abroad: you can receive the investor visa in the US through consular process if you live outside the country.
• Applying from inside the US: you can receive the investor visa if you already live in the US by adjustment of status.
The procedure of obtaining an investor visa in USA by moving to Miami in 2023 is not complicated as long as the applicant meets the requirements imposed under the program.
Our immigration lawyers in the United States are at the service of those who plan to move here in 2023 and start their own businesses through an investor visa.
If you have any questions on the 2023 US investor visa scheme, you can send them to our law firm in Miami. Likewise, if you are a Canadian entrepreneur interested in how to immigrate to the US from Canada, we can assist you. The investor visa in USA is one of the best solutions for foreign citizens who have business plans in Miami.
The E-1 visa for tradesmen
Small businesses represent an important part of the US economy, as many entrepreneurs run family businesses that can be deemed as small companies. This is also the case of immigrants who have moved for a long time and have good lives thanks to the small enterprises they run.
This can also be the case of persons who want to apply for the E-1 visas for traders who can complete various activities, among which purchase, sale, or exchange of goods and/or services. Among the services these can engage in, architecture, engineering, management, consulting, accounting and IT are some of the most lucrative.
Just like the EB-5 investor visa, the E-1 visa also imposes certain requirements when applied for. A foreign citizen must meet the following conditions in order to qualify:
- he or she must come from a country that has trade treaty with the USA;
- the trade must be mainly made with the treaty country (more than 50%);
- the activity must sustain a continuous trade between the USA and the treaty country;
- the activity must generate sufficient money for the applicant to support him/herself and family.
There are numerous countries that have treaties for e visas with the USA, however, only the following have agreements for the E-1 visa: Bolivia, Brunei, Denmark, Latvia, and Greece.
So, if you have any business plans in Miami and you are from one of these countries, you can apply for the E-1 visa and relocate here.
Our immigration lawyer in Miami is at your service and can help you prepare for moving here with your family.
The E-2 visa for investors interested in moving to the USA
Foreign entrepreneurs interested in investing in US companies can apply for E-2 visas and thus relocate here. Compared to the EB-5 investor visa, the E-2 visa is issued as a temporary work permit against a substantial investment.
The applicant must meet a few conditions in order to be eligible for the E-2 visa, as it follows:
- he or she must be an executive or must have a managerial position in the US company;
- he or she must have qualifications that are essential to the company.
One can also immigrate to the USA with family members.
In order to qualify for this type of visa as an investor, here are the main requirements to respect:
- the person must have sufficient funds available that qualify as substantial;
- the investment must be made under the form of an active business;
- the person must own 50% of the company;
- the investment must generate sufficient money for the applicant and family to support themselves, as well as to contribute to the US economy.
With respect to the substantial investment, there is no specific amount imposed by the US authorities, however, the business in which the applicant invests must generate employment and profits. Often, the amount of money injected is approximately 100,000 USD, however, it can also be lower, depending on the personal assets of the foreign citizen.
In the case of an E-2 visa, it can also be requested by employees who must also meet certain requirements can relocate to the USA. These must:
- have the same nationality of the employer (the foreign citizen owning 50% of the company);
- be employed under the US legislation;
- hold a managerial position or for his activity to be crucial for the company.
Just like in the case of the E-1 visa, the applicant must be a citizen of a country that has an e-visa treaty with the USA. However, in this case, the list of states is far more extensive. Among these, we can mention the following: Argentina, Belgium, China, Australia, Austria, Croatia, Finland, Germany, Canada, Columbia, Israel, Bosnia and Herzegovina, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Thailand, the UK, Spain, Switzerland, and Turkey.
If you have business plans in Miami, do not hesitate to request the services of our immigration lawyers who can guide you in applying for the investor visa in USA.
FAQs about the Investor Visa for U.S.
1. Where are my finances invested?
Your finances acquire a share in a Limited Partnership (LP) in which you turn into a Limited Partner (a shareholder). Every LP purchases a building for restoration or land development. A complex prospectus is organized for every LP, outlining the investment prices, valuation and contractual agreements. The LP gathers enough capital from citizens of the U.S. and foreign investors who want to immigrate in the country, who invest based on the same terms, to purchase and complete the development. An immigration lawyer in USA can provide more details on this matter and can help you obtain a immigration visa in Miami.
2. Who qualifies for the investment visa in USA?
Prior to applying to the investor visa program, a potential investor has to pass an initial qualification stage. The prospective investor has to meet the following criteria:
• He or she has to be a foreign citizen;
• He or she must have a net worth of a minimum of USD 1,000,000;
• The foreign investor must have gained a minimum of USD 200,000 in the previous two consecutive years and should anticipate gaining a similar sum in the present year;
• He or she is applying together with a spouse and should have gained minimum USD 300,000 per year together and anticipate to gain a similar sum in the present year.
What is the minimum capital required to obtain the investor visa in Miami?
The ideal option for you, if you want to move to America and have a significant amount of money, is investment immigration. How much money is required to enter America in 2023? After accounting for inflation, the minimum investment in the United States has reached $900,000 if the investment will be effectuated in an approved development through a regional center into a Targeted Employment Area (TEA). If the investment is made in a business outside a TEA, or if it is made in a regional center outside a TEA, the minimum investment which has to be made is USD 1,000,000.
Family reunion through the investor visa
The family members that can come to the US with you if you are granted an EB-5 Visa are:
Your life partner. If the two of you were married when you entered the country as residents or when you change your status from a conditional resident to a permanent resident after 2 years, your spouse is eligible for both conditional and permanent residency along with you. Same-sex partners are also eligible. A common-law partner is not acceptable.
Your children. Any children you have who are under 21 may accompany you and qualify for conditional or permanent residence. This applies to biological children, adopted children, and stepchildren.
Getting a US Green Card through the EB-5 visa
You will be granted conditional residency when you initially acquire a Green Card through EB-5 investor visa. It will come with a 2-year validity timeframe during which you can live, work, and study in the US while holding the Green Card.
You cannot leave the country for more than one year with this type of visa without losing your residency. You can apply for permanent residency which comes with a validity of 10 years, after 2 years of conditional residence.
It is important to understand that the US investor visa does not automatically come with permanent residency, however, it is more secure compared to other means of immigration to the United States.
Immigrant investor visas are granted in the order in which the petitions were submitted, as their number is capped. The petitioner’s priority date is the same as the filing date. Before an applicant’s priority date is achieved, an immigrant visa cannot be awarded. Priority dates might not be met for several years in some categories that are extremely sought.
Our immigration attorneys in Miami specialize in the investor visa program. We provide complex legal services related to the investor immigration issues in the US. If you have more questions about the investment visa in USA, please do not hesitate to contact us. Our lawyers can help you obtain any type of immigration visa in Miami.