US Business Immigration and its Main Advantages

Why is the USA so attractive to immigrants? First, America has the largest economy, most advanced technologies, and high living standards. Second, it has one of the most stable political systems, based on separation of powers, independent courts, and accountability of elected officials to their voters. All this ensures stability and balance of social relations and business activities. Thus, the words “no one is above the law” have a literal meaning in America, regularly proved by high-profile trials of rich and famous who crossed the boundaries of the law.

America is a unique country in many ways. It has a varied climate and landscape from Florida to Alaska, combined with highly developed infrastructure. During the Covid-19 pandemic, it became clear how important it is to live in a big, developed country with different climate zones and a self-sufficient domestic market of goods and services.

It’s worth noting that America is a business-oriented country, and foreigners who came on US investor visas play a vital role in its development. According to statistics, immigrant entrepreneurs open twice as many new companies and create more jobs in America than those born here.

In addition to that the US business immigration has the following advantages:

• an opportunity to do business in the United States on an equal footing with the local market participants, including opening accounts in American banks, brokerage accounts on exchanges, etc.;
• access to the US capital market on the same terms as US citizens, including venture capital and institutional investors;
• the most favorable conditions for launching and developing a startup, comprising proven schemes for attracting funding and launching an IPO;
• freedom of movement, business engagements, and employment for you and your family members throughout the United States;
• the right to work for a spouse who can be either involved in your business or work elsewhere;
• children can attend the best schools and colleges in America like other US citizens and permanent residents;
• in America, you invest money only in your own business, and accordingly, after some time, you can take it back or reinvest it in another business at your discretion.

Visa EB5

The US government launched the EB5 Business Immigration Program in 1990 to stimulate the country’s economy. According to the program, a foreign investor and his family members (wife and unmarried children under 21 years of age) can apply for a permanent residence permit in the United States (Green Card) under certain conditions. Namely, they must: (1) make the necessary investment in a commercial entity in the United States; and (2) plan to create or maintain ten permanent full-time jobs in the United States.

Since 1990, the required EB5 investment was $1,000,000. The amount could be reduced to $500,000 if investing via one of the Regional Development Centers in a Targeted Employment Area (TEA). In 2019, the Department of Homeland Security (DHS) adopted a Regulation providing, among other things, to increase the investment amount to $1,800,000 when investing on your own and to $900,000 via a regional center. The increase was because the amount has remained unchanged since 1990, without adjusting for inflation.

However, on June 22, 2021, a California federal judge overturned this Regulation. Now the US Congress must pass new legislation to regulate the EB5 program.

Please note that as of December 30, 2021, the US Congress did not pass a new law regulating the receipt of an EB5 business visa, including through the Regional Investment Center program. However, the adoption of this law is expected soon. Please follow the news on our website.

Visa E2

Visa E2 is also a US investor visa designed for foreigners who intend to invest in a commercial enterprise in the United States and move here to run their business. However, compared to the EB5 visa, the E2 visa has some crucial differences.

First, it is available only to citizens of those countries with a treaty of commerce and navigation with the United States. For a complete list of all the nations, click here.

Second, a qualifying foreigner must invest a “substantial amount of capital” to be eligible for a visa E2. Although no specific investment amount is indicated anywhere in the USCIS documents, in practice, not less than $100,000 must be invested to fulfill this requirement.

In addition to that, the candidates for an E2 visa must plan to manage their enterprise in the USA personally. In other words, it cannot be a holding project. It requires the personal involvement of the investor.

Third, the E2 is a nonimmigrant visa, so the investor must leave the United States at the end of the business project. However, such a visa can be renewed every two years as many times as needed.

Visa L1

Visa L1 facilitates intracompany transfers. For example, a foreign company can transfer its managers and qualified specialists to its office in the USA using this type of visa. Like Visa E2, the L1 visa is a nonimmigrant visa. However, unlike the E2, the L1 is considered a dual intent visa, and accordingly, it can provide a pass to a Green Card.

The “dual intent” means that a manager or specialist entering the United States on this type of visa, on the one hand, should have the intention to work in the office of his company, and on the other hand, may plan to become a permanent US resident. The L1 visa is valid from three months to five-seven years, including extensions.

At the same time, there are several requirements for companies and managers or specialists who can enter America using this visa. So, for example, a manager or specialist applying for an L1 visa must have at least one year of continuous work experience over the past three years with the company that transfers him to its office in the United States. In addition, the foreign company and the company in the USA must be related like parent and subsidiary companies or in another specified way. 

Note that a manager or specialist who entered the United States on an L1 visa can only work for the company through which he was transferred. On the other hand, his spouse can get the right to work without any restrictions on the place of work.

Registration of companies, purchase of a business, and other related services

We can help you get any of the US business visas that are more suitable for you and advise you on any other issues related to the registration of your company and running your business in America. Thus, we will help you register a company in New York or another state of America, develop a business plan following the USCIS requirements, acquire an existing or open a new business, open an office, obtain the appropriate permits, etc.

Contact us, and we will tell you what exactly we can do for you to make sure that your business immigration to the United States goes as smoothly as possible.