Business & Investment-based Immigration In The United States

Immigrant and Non-Immigrant Visas for Individual Investors

Immigrant Visas (Permanent Residency)

1. EB-5 Immigrant Investor Visa: The required investment is $1.05 million, but can be reduced to $800,000 if the target investment occurs in a targeted employment area (TEA), which is defined as a rural or high unemployment area. The new commercial enterprise must create at least 10 full-time jobs for U.S. workers. 

The EB-5 visa process leads to a green card and permanent residency in the United States, allowing investors and their immediate families to live, work, and study in the country. Investors can self-petition for this visa.

Non-Immigrant Visas (Temporary Stay)

1. E-2 Treaty Investor Visa: Available to individuals from treaty countries who invest a substantial amount of capital in a U.S. business. This visa does not lead directly to a green card but allows investors to live and work in the U.S. for the duration of their investment.
2. E-1 Treaty Trader Visa: For nationals of treaty countries who engage in substantial trade with the U.S. This visa facilitates business operations and expansions but does not lead directly to permanent residency.

Visas for Companies to Fill Labor Shortages or Hire Skilled Workers

Immigrant Visas (Permanent Residency)

1. EB-1 Employment-Based First Preference Visa: For individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. Some categories allow self-petitioning.
2. EB-2 Employment-Based Second Preference Visa: For professionals with advanced degrees or exceptional ability. Includes the National Interest Waiver (NIW) which allows self-petitioning for those whose work benefits the U.S.

Non-Immigrant Visas (Temporary Stay)

1. H-1B Specialty Occupation Visa: Allows companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, engineering, and science.
2. L-1 Intracompany Transferee Visa: For employees of international companies being transferred to a U.S. parent, branch, affiliate, or subsidiary in managerial, executive, or specialized knowledge roles.
3. TN Visa: For Mexican and Canadian citizens professionals. The full list of eligible professions is detailed in the USMCA agreement. Requires a valid job offer from a U.S. employer in one of the eligible professional categories.
4. H2-A Visa: Allows U.S. employers to hire foreign nationals to the U.S. to fill temporary or seasonal agricultural jobs. 
5. H2-B Visa: Allows U.S. employers to hire foreign nationals coming to the U.S. to perform temporary non-agricultural work, often in industries such as hospitality, construction, landscaping, and other similar sectors.
6. J-1 Visa: For participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. It also includes programs for seasonal workers, particularly through the Summer Work Travel and Camp Counselor categories.
7. Q-1 Visa: For participants of international cultural exchange programs designated by the Department of Homeland Security, that provide practical training, employment, and the sharing of the history, culture, and traditions of the participant’s home country.

Visas for Companies Transferring Employees or Starting Subsidiaries

1. L-1A Visa: For managers and executives being transferred within the same company.
2. L-1B Visa: For employees with specialized knowledge being transferred within the same company.
3. E-1 and E-2 Visas: Companies can also use these visas for key employees if the company’s home country has a treaty with the U.S.

Starting the Application: Change of Status vs. Consular Processing

Applicants inside the United States can apply for a change of status or adjustment of status:

• Change of Status: For non-immigrants already in the U.S. on a different visa, this process allows them to switch to another non-immigrant status without leaving the country.
• Adjustment of Status: For those transitioning from a non-immigrant visa to an immigrant visa (permanent residency) while staying in the U.S.

Applicants outside the United States must go through consular processing at a U.S. embassy or consulate. This involves submitting the visa application, attending an interview, and receiving the visa before traveling to the U.S.

Start Today 

At Gonzalez Concepcion Law PLLC, we specialize in helping individual investors and companies navigate the complex landscape of U.S. business and investment-based immigration. Our experienced attorneys provide personalized guidance to ensure that your immigration process is smooth and successful. Whether you’re an investor seeking to capitalize on U.S. opportunities or a company aiming to bring talent into the country, we are here to assist you every step of the way.

Start your immigration journey today by booking a legal call with us. Discover how we can support your business immigration needs and turn your aspirations into reality. Contact us now to learn more!