US Investment Immigration

KC Li • 17 July 2024

KC Li

Consultant, Hong Kong

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US Investment Immigration

As immigrating to the United States is still a hot topic for many nationalities, this article provides information on the use of investment as a way to work and reside there or to become a permanent resident (green card).

It is hoped that this article will appeal to those who wish to invest in the U.S. while contributing to the U.S. economy and opening up new horizons for themselves in the vast U.S. marketplace. Below is an overview of the two investment options available, as well as the general application process, the fund involved, the time required, and the process.

The two main types of immigration options using the investment route are described below:

(1) EB-5 Investment Immigration (Green Card) Program

The EB-5 Immigrant Investor Program grants permanent residency (green card) to investors who create jobs by investing in new business enterprises . Investors can choose between two investment options.

invest US $1.8 million in a newly established business enterprise, or
invest US$900,000 in a Targeted Employment Area (TEA), which is an area with high unemployment or a rural area.

(2) Obtaining an (E-2) Visa as a Treaty Investor (E-2)

The E-2 visa allows nationals of certain countries with which the U.S. has a Treaty of Friendship , Commerce and Navigation to remain in the U.S. in order to direct the management, strategy, and development of the business which they intend to make, or have made, a significant investment prior to moving to the U.S. The E-2 visa is a visa issued by U.S. Department of State (DOS) through the US Embassy or Consulates abroad.

The general application process for a U.S. green card under the Immigrant Investor Program (Eb-5) is as follows:

Determine an eligible investment project and commit to investing the required capital.
Submit an application Form I-526 to the U.S. Citizenship and Immigration Services (USCIS).
After the application is approved, if you are in the U.S., you can apply for adjustment of status to make a conditional green card application. If you are overseas, you must apply for an immigrant visa at a U.S. consulate abroad.
One year and nine months after moving to the U.S., a Form I-829 will be filed to remove the conditions of the temporary green card and convert to an unconditional permanent green card.

E-2 Treaty Investor Visa Application Procedure: Establishment or acquisition of a qualifying business enterprise in the United States.

Invest significant capital in the business.
Apply for an E-2 visa at a U.S. consulate abroad, or if already in the U.S., submit a change of status form I-129.
The applicant is required to submit evidence that the enterprise concerned will generate profits or income and create employment opportunities in the future.

The applicant must submit evidence of future profits or income generated by the investment enterprise concerned for approval of the E-2 visa.

What are the costs associated with the above two types of investments?

EB-5 Green Card

The amount invested ($1.8 million or $900,000).
Application fees for Forms I-526 and Forms I-829.
Attorney and other related fees.

E-2 Treaty Investor Visa

Investment fund required to establish or acquire a qualifying business.
Application fee for visa application or Form I-129.
Attorney fee, business setup and operating expenses, etc.

How long does it take to process an immigrant investor visa?

EB-5 Immigrant Investor (Green Card)

The processing times for Forms I-526 vary, but range from a few months to over a year.
Once the application is approved, additional time may be required to adjust status or obtain an immigrant visa.

Applying for an E-2 Treaty Investor Visa

The processing times for E-2 visa applications can vary greatly depending on the consulate and individual circumstances.
Generally, E-2 visas are issued relatively quickly compared to investors immigrant visa.

What is the next step after an investment immigration petition is approved?

E B - 5 Investment Immigration (Green Card)

After the Form I-526 is approved, you may apply to adjust your status to a green card if you are in the U.S. or apply for an immigrant visa at a U.S. consulate.
After one year and nine months of residency in the U.S., a Form I-829 is required to remove the green card condition and obtain permanent residency.

E-2 Treaty Investor Visa

Once an E-2 visa is approved the applicant simply to focus on developing and managing his investment business in the United States.

If one wants to consider applying for a green card, there are alternative routes to obtain permanent residency (a green card) (a) through (investment Immigration (Eb-5) or management/ executive employment visa (Eb-1)).

Because of the complexity of the U.S. investment immigration process, which includes a variety of commercial, business, and immigration laws, the author believes that any prospective investors must carefully evaluate the requirements, costs, and time associated with each process before applying in order to ensure that their legal rights and interests are protected. Consultation with an immigration attorney and financial advisor can help the potential immigrant investor to understand the process and ensure a successful outcome.

YYC Legal LLP is in Association with East & Concord Partners (Hong Kong) Law Firm.

This material has been prepared for general informational purposes only and is not intended to be relied upon as professional advice. Please contact us for specific advice.