Immigration of foreign national investors and entrepreneurs to the U.S. is encouraged through the provisions of specialized visa types, specifically, the E-1 Treaty Trader and E2 Treaty Investor Non-Immigrant Visas as well as the EB-5 Investor Immigrant Visa. Other visa types may also apply, therefore Maggio Kattar believes that every client should carefully review the full range of visa options for which they may qualify to ensure they are implementing an immigration strategy that will best meet both their professional and personal needs.
There are two types of visas for people who want to immigrate into the United States: non-immigrant visas and immigrant (permanent resident or “green card”) visas.
Non-immigrant visas grant temporary authorization to enter and work in the U.S. Examples for entrepreneurs include O-1, L-1 E-1, and E-2 visas. The validity period for these visas varies depending on the investor’s nationality and visa classification.Visa validity for most nationalities ranges from 3 to 5 years with the possibility of renewing the visa.Importantly, immigration counsel should be consulted before an investor makes changes to the corporate structure, ownership interest,or business operations as these changes could render the visa to be immediately invalid for travel to the U.S., and the investor could be denied admission to the U.S. when presenting the previously approved visa.
Immigrant visas allow beneficiaries to live and work in the U.S. indefinitely. Examples of immigrant visas for entrepreneurs include the EB-1, EB-2 with a national interest waiver, and EB-5 visas.
Other visa classifications may also be available to entrepreneurs depending on their background and business structure, therefore it is important to review all possible options to find the best fit.