Entrepreneur & Investor Visas
Foreign entrepreneurs and investors are able to enter and remain legally in the United States with certain types of visas. The E Visa category allows for foreign entrepreneurs and investors to live and work in the United States as long as they are helping build up business and employment within the country. L Visas are non-immigrant visas used by foreign companies to temporarily transfer employees to work at a related U.S. company. The attorneys at Frontera Law Firm are experienced in the E and L visa application process and can help you navigate applications, and also renewals.
Below is some more information about the following visa categories:
E-1 Visa (Treaty Trader Visa)
The E-1 Visa is a U.S. non-immigrant visa for all foreigners who trade with the U.S. It allows individuals, or employees of companies, to enter the U.S. to carry out international trade.
- Be a national of a country with which the U.S. maintains a treaty of commerce and navigation or with which the U.S. maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation;
- Carry on substantial trade;
- Carry on principal trade between the U.S. and the treaty country which also qualified the treaty trader for E-1 classification.
- Be the same nationality of the principal noncitizen employer (who must have the nationality of the treaty country);
- Meet the definition of “employee” under the relevant law;
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications that make the employee’s services essential to the efficient operation of the treaty enterprise.
The E-1 visa may cover immediate family members (legal spouse and/or children under the age of 21). Spouses may also be eligible to work while in the U.S. by applying for employment authorization.
The processing time for an E-1 visa is generally between two and four weeks from the filing of the application. However, there may be delays extending the application time, so an exact date or official estimate of time cannot be given.
E-1 visas are valid for up to two years. Unlimited extensions of up to two years may be granted.
Yes, provided you meet the conditions to apply. An E-1 Visa does not directly lead to permanent residence, however, there are various options available to E-1 Visa holders and if you are eligible, our firm can assist you in applying for a Green Card while on a E-1 Visa.
No, there are no travel restrictions on an E-1 visa.
E-2 Visa (Treaty Investors Visa)
The E-2 Visa is a U.S. non-immigrant visa available to foreign businesspeople from over thirty treaty countries that have significant financial funds which they plan to invest in the U.S. and run a business within the U.S. Certain employees of the businesspeople, or of a qualifying organization may also be eligible for this visa.
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bonafide enterprise in the U.S.; and
- Be seeking to enter the U.S. solely to develop and direct the investment enterprise. This can be established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device
- Be the same nationality of the principal employer (who must have the nationality of the treaty country);
- Meet the definition of “employee” under relevant law;
- Be engaging in duties of an executive or supervisory character, or, if employed in a lower-ranking role, have special qualifications.
E-2 visas are valid for a period of five years. Unlimited extensions of up to two years may be granted.
Spouses and children may seek an E-2 Visa as dependents and, if approved, generally will be granted the same period of stay as the main visa holder.
E-2 Visas are valid for a period of five years with the possibility of two-year renewals.
The E-2 Visa does not automatically lead to a Green Card. However, you may be able to apply because there are various options available to E-2 Visa holders and if you are eligible, our firm can assist you in applying for a Green Card.
No, you do not need to be in the U.S. to start the E-2 Visa application process.
After an initial review of your application is completed, the Consulate will schedule an interview with you and if the visa is approved, it will usually take approximately a week for it to be issued. However, there may be delays extending the application time, so an exact date or official estimate of time cannot be given.
If your E-2 Visa application is denied, the decision letter will outline the reasons that led to the denial. You will have the opportunity to re-submit the application, rectifying any issues that were outlined. The attorneys at Frontera Law can help you with the re-submission.
EB-5 Visa
EB-5 Visas are immigrant visas for investors, entrepreneurs, or anyone else seeking to start a business in the United States.
An immigrant seeking an EB-5 Visa must invest at least $1,800,000 in a business within the U.S. However, if the business is in a ¨targeted employment area¨ (a.k.a. a low-income area), the visa may be granted for a reduced investment amount of $900,000.
Yes. The immigrant must create at least 10 jobs for American workers within the business that was invested in. Also, it must be a for-profit commercial business. EB-5 Visas are not issued for real estate investments or non-profit enterprises.
The processing time for an EB-5 Visa is usually six months.
Yes. As an EB-5 investor, you, your spouse, and your unmarried children (under 21 years old) may all qualify for Green Cards.
If your application is denied, you may appeal the decision or invest a new sum of money in a new business and refile the application.
L Visas (L-1A and L-1B)
Foreign employers may sponsor their employees to temporarily work and reside in the United States via an L Visa. The L-1A visa is for employees in managerial and executive roles. The L1-B visa is for professionals with specialized knowledge.
- Have a qualifying relationship with a foreign company (parent company, branch subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States;
- Be seeking to enter the United States to provide services in a specialized knowledge capacity to a brand of the same employer or one of the qualifying organizations.
The spouse and children of L-1 Visa holders may enter the U.S. legally and remain in the country by way of an L-2 Visa. The L-2 Visas will be valid as long as the L-1 Visa of the spouse or parent remains valid.
An L-1A Visa lasts up to 7 years and an L-1B visa lasts up to 5 years. An L-1 Visa is usually granted for 3 years when it is first issued and then 2 year extensions are available (2 extensions are available for the L-1A and 1 extension is available for the L-1B visa).
Yes, L-1 visas allow for “dual intent” which means that you may apply for permanent residency without jeopardizing your L-1 Visa status. The application process is detailed and complex; please contact Frontera for assistance if you are seeking permanent residency.
You can renew your visa for permission to stay in the U.S. for up to 5 or 7 years. The renewal must be filed and received by USCIS prior to the expiration date listed on your I-94 records.
L-1 Visas are for intra-company transfers. This means that the foreign company you work for must have some ownership (directly or indirectly) in the company that is based in the U.S. Most frequently, the foreign company is a parent, branch, affiliate, or subsidiary of the U.S. company. Note that the related companies do not have to engage in the same business, but they must have an established relationship. Also, the L-1 Visa does not impose any size or country restrictions on applicants, but individuals working for smaller companies may need to submit more evidence to get approved.
No, the L-1 Visa does not require that the U.S.-based company pay you a certain wage amount, as long as all state and federal wage laws are being followed. Other visa categories require wage payments that are commensurate with your position and job title but the L-1 Visa does not have this requirement.
The processing time for a standard L-1 Visa is usually between 6 to 12 months. However, there may be delays extending the application time, so an exact date or official estimate of time cannot be given.
If your L-1 Visa application is denied, you have the option to appeal the denial. Please contact Frontera Law for a consultation if you are considering an appeal of your visa application denial.
