E-1 Visa E-2 Visa L-1A Visa EB-5 Visa Who Can Must be a Must be a Must have worked in a Foreign investor Apply national of the national of the managerial or executive from ANY COUNTRY TREATY TREATY capacity abroad for 1 that meets the COUNTRY COUNTRY out of the last 3 years – investment applicant can be from requirements ANY COUNTRY U.S. Position Must be coming Must be coming Must be coming to the May work as an to the U.S. to to direct and U.S. to work primarily in employee of the engage in control the new a managerial or NCE or have limited substantial trade U.S. enterprise executive capacity involvement with the treaty country Investment No specific Must be No specific requirement $1,000,000 or Requirement requirement substantial other than to obtain $500,000 in a TEA other than to relative to the su ffi cient premises and obtain su ffi cient capitalization of adequately capitalize premises the U.S. the business (if new) enterprise
E-1 Visa E-2 Visa L-1A Visa EB-5 Visa Foreign No specific No specific Ownership of the foreign No specific Company requirement requirement and U.S. entities must be requirement A ffi liation substantially similar Job Creation No specific Investment must Organization must be Must create or Requirement requirement, but be more than su ffi cient to support L-1A preserve 10 new, full- the statute marginal – general visa holder’s performing time, permanent jobs contemplates job expectation that mainly managerial or per investor creation U.S. jobs will be executive duties created Green Card Does not lead Does not lead Non-immigrant visa with Filing of I-526 petition Obtainability directly to a directly to a green a fast track green card creates eligibility for green card card using EB-1 Multinational conditional permanent Manager category residency Removal of conditions at I-829 stage
E-1 Visa E-2 Visa L-1A Visa EB-5 Visa Dependents Spouse and Spouse and Spouse and children Spouse and children children under children under 21 under 21 can join the under 21 can join the 21 can join the can join the principal applicant in principal applicant in principal principal L-2 status. Spouse can obtaining conditional applicant in E-1 applicant in E-2 obtain employment residency and status. Spouse status. Spouse authorization. removal of can obtain can obtain conditions. employment employment authorization. authorization.
E-1 Visa E-2 Visa L-1A Visa EB-5 Visa 5-year business 5-year business plan 3-year business plan Comprehensive, credible Business Business plan · must show 50%+ · need to show petitioner Plan (min 5 years) Plan · need to show ownership held by and foreign company are · must comply with Matter of Ho Require- Applicant and company or individual who qualifying organizations. including: Business ments Business possesses Treaty Country · Provide evidence that Description; Business Structure; Possess nationality Foreign national will be Marketing Plan with target market Nationality of · Need to prove employed in a managerial analysis; Personnel Experience; Treaty Country SUBSTANTIAL investment or executive capacity Competitive Analysis; Required · Need to prove by principal investor · Show that business will Licenses and SUBSTANTIAL · Need to prove business is support sta ff hires as of Permits; Sta ffi ng timetable for trade between NOT marginal (supports second year hiring (must show how U.S. and treaty more than principal · Show that foreign 10 jobs per investor will be country investor and family) national will ONLY created); Job descriptions; Budget · 5-year pro · Show likelihood of perform executive or & Financial Information forma business success – managerial functions as of · All data must be sourced projections competitive analysis second year · Job creation is key y · 5-year pro forma · 3-year pro forma · Need to address economic projections based on projections impact of business/ project reasonable assumptions
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