Can Money Buy a Visa to Live in the U.S.

EB-5 has traditionally been the visa category that allows foreigners to get a green card. However, many foreigners, especially small business owners and small investors, find it difficult to put so much money (at least 500k and 1 million USD in general) at risk in exchange for a visa. Congress has made different efforts to reform the investor visa category, such as the Start Up Visa Act that was introduced in February 2010. But before this bill becomes law, foreigners are bound by the current rules and regulations.

So the question is: what can small owners do to come and work in the U.S. RIGHT NOW? Some short term non-immigrant visas may worth taking a look if you are really interested in coming to the U.S. through investment. The most obvious choice would be the E-2 visa, which allows foreigners to come and work in the U.S. for 2 years if they can invest a substantial amount of money in the U.S. and benefits the economy of the U.S. However, to qualify for an E-2 visa, the applicant must come from a country that has a trade treaty with the U.S. Thus, for example, nationals of China (PRC) will not be eligible to come to the U.S. through an E-visa.

Another common way for investors to come to the U.S. is through the L-1A visa. Some foreigners may consider expanding their overseas companies into the U.S. by setting up a branch or an affiliate in the U.S. The government currently allows investors who act as executives to enter into the U.S. and manage their new branch or affiliate company. Executives for new entities will get a visa that is valid for 1 year and can be renewed for up to 7 years. In additional, current law allows an L-1 visa holder to have an immigrant intent while in L-status, i.e., may apply for a green card and/or adjustment of status while the investor is in L-1A status.

Although these two visas are non-immigrant visas, they may actually serve the interests of investors better. Some potential investors I have talked to actually do not have the intent to move and live in the U.S. permanently. As a result, getting an E or L visa may be a better alternative because the amount of money needed is significantly lower than an EB-5.

Disclaimer: information included in this post does not constitute as legal advice and receipt of this information does not constitute attorney-client relationship. For specific inquiries, please contact my office for an appointment.