Green Card Options for Entrepreneurs and Investors

1. What are the green card options for entrepreneurs and investors?


There are several green card options for entrepreneurs and investors, including the EB-5 immigrant investor program, the E-2 nonimmigrant investor visa, the L-1 nonimmigrant intracompany transferee visa, and the H-1B nonimmigrant specialty occupation visa. The EB-5 provides a direct path to a permanent resident visa (green card) for foreign investors who make a substantial investment in an enterprise that creates jobs in the United States. The E-2 nonimmigrant investor visa is for foreign nationals who have invested or are actively in the process of investing a substantial amount of capital in a US business. The L-1 nonimmigrant intracompany transferee visa is designed to facilitate the temporary transfer of an executive, manager, or specialized knowledge worker from an affiliated foreign company to a US company. The H-1B nonimmigrant specialty occupation visa is intended for individuals with specialized skills and education to work in occupations such as engineering, science, computer programming, medicine, finance, architecture, and other specialized occupations.

2. Does an entrepreneur or investor need to speak English to be eligible for a green card?


No, an entrepreneur or investor does not need to speak English to be eligible for a green card. Depending on the green card category, an individual may be eligible for a green card if they meet certain criteria such as having invested or created a business that has generated at least 10 jobs or can demonstrate sufficient financial resources to support their living in the US.

3. How much investment is necessary to qualify for a green card through an investor program?


The amount of investment necessary to qualify for a green card through an investor program typically depends on the specific program you are applying to. Many programs require an investment of at least $500,000, although some may require as much as $1 million.

4. What documents are required to apply for a green card for entrepreneurs and investors?


To apply for a green card as an entrepreneur or investor, the following documents are typically required:

1. Form I-526, Immigrant Petition by Alien Entrepreneur.

2. Copies of passport pages with biographic information.

3. Evidence of lawful admission to the U.S.

4. Evidence of any name changes.

5. Evidence of eligibility for the immigrant category for which you are applying.

6. Evidence of business experience, such as resumes, diplomas, and licenses.

7. Evidence of financial ability to invest in the U.S., such as bank statements, tax returns, or other documents showing resources to cover the investment.

8. Business plans and documents related to the business venture in the United States, such as incorporation documents, leases, contracts, letters of intent and other relevant documents.

9. Medical examination forms and vaccination forms (if necessary).

10. Proof of a valid nonimmigrant visa status (if applicable).

5. Can foreign entrepreneurs and investors get permanent residency through the EB-5 Immigrant Investor Program?


Yes, foreign entrepreneurs and investors can get permanent residency through the EB-5 Immigrant Investor Program. This program allows foreign entrepreneurs to obtain a green card (permanent residency) by investing at least $500,000 in a US business and creating 10 or more jobs for US workers. Additionally, the investor must be actively involved in the business and demonstrate that their investment is capitalizing a US business.

6. How long does it typically take to obtain a green card through an entrepreneur or investor program?


Generally, it takes about six months to two years to obtain a green card through an entrepreneur or investor program. Processing times can vary, however, depending on the individual case, the pathway chosen, and the processing times at the USCIS.

7. Are applicants subject to any type of health examination when applying for a green card through an investor or entrepreneur program?


No, applicants are not typically subject to any type of health examination when applying for a green card through an investor or entrepreneur program. However, applicants may be subject to a medical examination when they are applying for a visa or other immigration benefits.

8. What is the difference between the EB-5 Investor Program and the E-2 Treaty Investor Visa Program?


The EB-5 Investor Program is a permanent residency visa, while the E-2 Treaty Investor Visa Program is a temporary nonimmigrant visa. The EB-5 Investor Program requires a substantial investment be made in a U.S. business that creates or preserves at least 10 full-time jobs for American workers. The E-2 Treaty Investor Visa requires a substantial investment in a U.S. business, but does not require the creation of additional jobs or preservation of existing jobs. Additionally, the EB-5 Investor Program may lead to permanent residency, while the E-2 Treaty Investor Visa only allows for temporary residence in the United States.

9. Does an entrepreneur or investor need to be a U.S. citizen to qualify for a green card?


No, an entrepreneur or investor does not need to be a U.S. citizen to qualify for a green card. The U.S. Citizenship and Immigration Services (USCIS) considers applicants from any country who meet the eligibility criteria for the green card application process.

10. Can foreign entrepreneurs and investors start their own business in the United States with a green card?


Yes. Foreign entrepreneurs who are permanent residents of the United States with a green card can start their own business in the United States. In addition, foreign investors may also start their own business in the United States, however, they may need to obtain an investor visa before they can legally stay and operate a business in the US.

11. What types of businesses are eligible for an investor visa or green card?


Businesses that qualify for investor visas or green cards include companies engaged in a commercial enterprise such as real estate development, hospitality, manufacturing, technology, retail, and investments. The investment must be substantial (generally at least $1 million) and must create or preserve at least 10 jobs.

12. How long does it take to process an application for an investor or entrepreneur green card?


It typically takes anywhere from 6 months to 1 year to process an application for an investor or entrepreneur green card. The processing time depends on the type of application, the complexity of the case, and the current USCIS processing times. Typically, if the application is properly completed and filed, processing times can be shortened.

13. Are spouses and children of entrepreneurs and investors eligible for the same green card status?


No, spouses and children of entrepreneurs and investors are not eligible for the same green card status. The classification of the green card depends on the entrepreneur or investor’s particular application. Eligibility for the family members will vary depending on the type of green card they are applying for.

14. Are there any age restrictions when applying for a green card through an investor program?


Yes, the investor must be at least 18 years of age and have the financial resources to make a qualifying investment.

15. Are there any other special requirements or considerations when applying for a green card as an investor or entrepreneur?


Yes. Depending on the investor’s circumstances, there are likely to be additional requirements and considerations that must be addressed. For example, investors must demonstrate that their investment is bona fide and that it will benefit the U.S. economy. Additionally, investors may have to show that their investment is not primarily for speculative or passive income purposes. Furthermore, applicants must also prove that they have the ability to sustain themselves financially and that they have management experience in the field of the investment. Finally, applicants must also demonstrate they have sufficient funds to cover all expenses related to the investment.

16. Is it possible to extend or renew a green card obtained through an entrepreneur or investor program?


Yes, it is possible to extend or renew a green card obtained through an entrepreneur or investor program. The details and eligibility criteria for extending or renewing a green card will depend on the specific program that was used to obtain the green card.

17. Are applicants subject to background check when applying for a green card as an entrepreneur or investor?


Yes, applicants for green cards as entrepreneurs or investors are subject to background checks. U.S. Citizenship and Immigration Services (USCIS) will review the criminal background of the applicant in order to assess their eligibility for a green card. This includes checking for any criminal offenses, national security concerns, or other issues that may make them ineligible for a green card.

18. Is it possible to work in other countries while holding an entrepreneurial or investor green card?


Yes, it is possible to work in other countries while holding an entrepreneurial or investor green card. Certain requirements must be met in order to maintain permanent resident status. These include spending at least one day in the United States every two years, paying taxes on all income earned outside the US, and filing a yearly Report of Physical Presence (Form I-407).

19. Can investors apply for permanent residency in the United States through employment-based programs?


Yes, certain investors may be eligible to apply for permanent residency in the United States through employment-based programs. These programs include the EB-5 Investor Program, which allows foreign investors to obtain a green card if they invest a minimum of $500,000 in a commercial enterprise in the United States and create or preserve at least 10 full-time jobs for U.S. workers. Additionally, the Immigrant Investor Program (E Visas) allows foreign nationals who have invested or are in the process of investing in a new commercial enterprise that will benefit the U.S. economy to apply for permanent residency.

20. Is the investment amount required by an investor program affected by the location of the business in the United States?


Yes, the investment amount required by an investor program may be affected by the location of the business in the United States. The amount of investment can vary depending on the region, with some areas offering more incentives than others. For example, some states offer additional incentives for investments in rural and distressed areas. Additionally, some programs may have requirements that vary by state.