Investment Visas Lawyers

Investment Visas Lawyers in the United States

Foreign nationals who want to live and work in the U.S. through business investment have several visa options, but the application process is demanding. An experienced investment visa attorney can mean the difference between approval and denial, protecting both your capital and your immigration goals.

What Investment Visa Law Covers

Investment visa law focuses primarily on two visa categories: the EB-5 immigrant visa and the E-2 treaty investor visa. The EB-5 program grants permanent residency to investors who commit at least $1,050,000 — or $800,000 in a Targeted Employment Area — to a U.S. business that creates at least 10 full-time jobs.

The E-2 visa is a nonimmigrant option available to citizens of treaty countries who invest a substantial amount in a U.S. enterprise. Unlike the EB-5, it does not lead directly to a green card. Attorneys in this field also handle L-1 intracompany transfer visas and regional center investments, which pool investor capital into larger development projects.

When to Hire an Investment Visa Lawyer

• You're evaluating whether your business plan and capital meet the requirements for an EB-5 or E-2 visa
• You need to structure your investment to satisfy USCIS source-of-funds documentation standards
• A regional center has approached you about a pooled investment opportunity and you want independent review
• Your petition was denied or you received a Request for Evidence from USCIS
• You need to convert conditional permanent residence to full permanent residence after the two-year period

How the Investment Visa Process Works

For EB-5 applicants, the process starts with filing Form I-526E along with extensive documentation proving the lawful source of funds and the job-creation plan. USCIS processing times for I-526 petitions averaged 44 to 62 months as of early 2024, though direct filings and concurrent filing options have shortened some timelines.

Once approved, applicants receive conditional green cards valid for two years. Before that period ends, they must file Form I-829 to remove conditions by proving the investment was sustained and jobs were created. E-2 applicants follow a different track, applying through a U.S. consulate abroad, with decisions often returned within a few months.

How Financial Outcomes Are Determined

• Return on investment depends on whether you choose a direct investment in your own business or a pooled regional center project, each carrying different risk and profit structures
• Regional center investments typically offer projected returns over a five- to seven-year period, though returns are never guaranteed
• Direct investors control their own business profits but bear full operational risk
• If a petition is denied after funds are deployed, recovery depends on your subscription agreement and the financial health of the project

Frequently Asked Questions

Can my spouse and children be included on my investment visa?

Yes. Both EB-5 and E-2 visas allow derivative status for spouses and unmarried children under 21. Spouses of E-2 holders can also apply for work authorization in the U.S.

What happens if my EB-5 project fails before jobs are created?

USCIS may deny your I-829 petition to remove conditions, which could result in loss of your green card. This is why thorough due diligence on any investment project — before you commit funds — matters enormously. An attorney can review the project's financial projections, securities disclosures, and job-creation methodology.