Business & Investor Immigration FAQs

Answers

Frequently asked questions

What is the difference between E-2 and EB-5?

E-2 is a nonimmigrant classification for treaty-country nationals directing an active enterprise, renewable indefinitely but not itself a path to permanent residence. EB-5 is an immigrant classification requiring a qualifying investment and job creation, leading to permanent residence.

Do I need to speak English to qualify for a business visa?

Most business and investor classifications have no independent English-language requirement, though the naturalization process later on does.

Can I bring my spouse and children?

Most classifications allow a spouse and unmarried children under 21 to accompany the principal as derivatives, though work authorization for the spouse depends on the specific classification.

Is there a minimum number of employees I must hire?

E-2 has no fixed employee minimum but requires the enterprise be more than marginal; EB-5 has a specific job-creation requirement tied to the investment.

Can I buy an existing business instead of starting one?

Yes, acquisitions are common and can strengthen a filing through existing revenue and staff, but require careful diligence and lease-assignment planning.

What happens if my visa petition is denied?

Options depend on the reason for denial and may include a motion to reopen or reconsider, an appeal where available, or refiling with additional evidence.

How long does an E-2 visa last?

Initial admission periods and renewal practice vary by nationality and adjudicating post, and change over time, so current State Department guidance should be confirmed.

Can I convert from E-2 to permanent residence?

E-2 status does not itself convert to a green card; investors with long-term intentions typically pursue a separate immigrant pathway such as EB-5 or an employment-based category in parallel.

Does my investment need to come from savings?

No, but the source of funds, whatever it is, must be lawful and traceable, whether from savings, a business sale, an inheritance, or a documented loan.

Can a start-up with no revenue qualify for an investor visa?

It is possible but more difficult, since the enterprise must be shown to be more than marginal, often requiring strong financial projections and demonstrated capital deployment.

What is the difference between L-1A and L-1B?

L-1A is for executives and managers transferring within a multinational company; L-1B is for employees with specialized knowledge of the company's products or processes.

Can an L-1A lead to a green card?

Not automatically. L-1A executives and managers often pursue the EB-1C multinational manager or executive classification later, but EB-1C has its own separate requirements that must be met and proved on their own terms.

What is the EB-2 National Interest Waiver?

It allows certain individuals to self-petition for an employment-based green card without a job offer or labor certification, where their proposed endeavor has substantial merit and national importance and a waiver serves the national interest.

Do filing fees and processing times change?

Yes, both change periodically. Current figures should always be confirmed on USCIS.gov before relying on them for planning.

Can I work in the U.S. while my petition is pending?

Work authorization while a petition is pending depends on the specific classification and current status, and should be evaluated case by case.

What documentation proves I 'direct and develop' an E-2 enterprise?

Ownership records, organizational charts, board resolutions and evidence of day-to-day decision-making authority are typically used to demonstrate this role.