If you are considering moving to the United States, it is crucial to evaluate all options and to be well informed about the conditions of each type of visa so that there are no problems in the future.
One way of joining America is investing or working in the country, the most sought after visas are: the EB-5, E2, and visa L1.
It is important to know that not all enable fixed permanence and that there are specific requirements for each type.
In this post, we will show you the difference between each of them so that there is no doubt left!
Thinking about moving or spending time in the United States? Check here the visa options and understand what are the benefits and requirements of each. Evaluating all options is critical!
EB5 visa
The EB-5 visa is the most sought after by large investors. The reason for this is that this category is ideal for those seeking permanent status in the United States.
There is also the real possibility of obtaining the Green Card and opens doors for applying for US citizenship after a few years.
The program provides benefits for the whole family including spouses and children up to 21 years old.
It is important that the investment generates jobs, capital can be invested in an EB-5 business or project through regional centers, we will talk more about this here soon.
Requirements
People of any nationality can apply for this visa; the big requirement is to have the necessary capital.
Also, it cannot have a criminal record or violate US immigration laws. Above all, the conditions we will talk about below within the deadline must be met.
Duration
The visa initially lasts 2 years, which is the deadline to prove that the business is doing well and that it has met the conditions that immigration requires from the investment.
If the result is positive, the investor and his family receive a permanent residence status valid for 10 years.
Shortly after achieving this status, it is already possible to apply for the Green Card, do this, 5 years later everyone is ready to apply for US citizenship.
Family Benefits
The investor’s spouse can work professionally in the country and the children have educational facilities because they have the same rights as US citizens, including to apply for college scholarships.
If all conditions regarding job creation and profitability are met on time, the investor and his family will be granted permanent resident status for 10 years.
A few years after obtaining this status, they can apply for the Green Card and have a life in the United States with all rights guaranteed.
About the investment
The investment to secure an EB-5 visa is high and cannot be borrowed. As with the E-2 visa, investors need to prove that the origin of the funds is not illegal and demonstrate proof of no criminal record.
The minimum investment amount is $ 1,000,000. However, in some situations, it may drop to $ 500,000.
If the investor decides on a targeted employment area (TEA), these are the areas considered to have high unemployment or rural area.
Business Feature
Unlike the E-2 visa, the investor is not tied to the business, nor is it required to manage and monitor all project development.
The EB-5 investor may choose to make a passive investment, which is managed by the Regional Centers so that he can live anywhere in the country while his business is active.
The deal has a two-year term to generate at least 10 full-time jobs for US citizens, permanent residents or other immigrants who are authorized to work in the US.
These 10 jobs cannot count on the investor and his family.
E-2 visa
The E2 visa is a nonimmigrant visa for people who wish to invest a substantial amount in a US business, whether new or existing.
The amount to be invested need not be as high as that required on the EB-5 visa.
This category can only be requested by citizens of countries that have a trade agreement with the United States.
Check out the full list of countries that are part of the treaty by clicking here.
It is important to make it clear that this visa does not become a green card, as can happen with the EB-5.
So, if your intention is to immigrate to the United States and live permanently, this is not the best option for you.
Basic Requirements for E-2 Visa
- Be a citizen of a country with which the United States has a trade and shipping treaty.
- Having invested, or actively being in the process of investing, a substantial amount of capital in a company in the United States.
- Aim to enter the United States solely to develop and direct the investment firm. Proving at least 50% ownership of the company or possession of operational control through a managerial position.
Duration
The E2 visa has a term of 2 years to 5 years, varies according on the nationality of the applicant.
It may be renewed from time to time as long as the business is active and meets the requirements of the immigration department.
If the investor decides to stop the investment, he must leave the country as he has no permanent residence.
Conditions for the family
The family (spouse and dependents up to 21 years old) also receive benefits, so they can live in the country with the investor.
Children earn the right to attend public or private schools. The spouse, on the other hand, receives a work permit to perform any professional activity in the country.
Meanwhile, the investor needs to devote to the business by following the development and managing its operation closely.
About the investment
There is no minimum amount to obtain an E-2 investor visa. However, the amount must be considered substantial.
Immigration considers substantial capital when it is sufficient to open or buy an existing business, as well as to ensure that the operation of the business is successful.
It is also necessary to prove that the amount used for the investment was not acquired illegally and belongs to the visa applicant.
An interesting thing to note is that there is a visa for members. In this case, both must have the nationality of countries that are part of the agreement, must have 50% of the company and each must contribute half of the investment.
The recommended total for safe investment is $ 100,000. Of course, it varies from business to business.
Business Characteristics
The venture cannot be marginal, so for approval, it must show the potential to generate enough profit to support the investor’s business and family.
Also important is the prospect of creating jobs in the country, not mandatory at the first moment.
But it needs to be a considerable amount as the investment develops and type of business.
The company must generate profits by selling services and / or products. Investments such as stock and rental income are not allowed for the E-2 visa.
L1 visa
The L-1 visa is a temporary work visa. It is granted for the transfer of partners, executives and specialized persons of a company that intends to open a branch or already has an affiliate in the USA.
To be approved, the rule is that you have an active company in your home country, even if you start a business in the United States, this company also needs to justify the reason for the transfer of the executive.
This reason needs to be very clear to facilitate visa approval.
Basic Requirements for L1 Visa
As with all visas, this one also has its requirements, below we list the basic requirements for L1 visa:
The person must have been employed at the company for at least 1 continuous year within 3 years before traveling to the United States.
The work developed by the same in the company must be of executive or managerial function.
For category, L1 does not apply to low-level positions.
Employers must submit an individual petition to each employee they wish to transfer. Showing who is responsible for the process and not the person who will benefit from the visa.
Duration
L-1 is granted with an initial duration of 1 to 3 years. It can be renewed according to business performance. The assessment considers the company’s development, turnover and number of employees, but the total stay in the country is up to 7 years.
Possibility to get the Green Card
However, when qualifying as an executive or manager, you may apply for a permanent residence (green card). For this, the company must be working for at least one year in the United States.
Family Benefits
The spouse may receive the dependent status, known as L2, but is not allowed to work, as is the case with the E2 visa.
If a spouse wishes to pursue a professional activity, he/she must apply for authorization from the US Department of Immigration.
Children will be free to attend school for as long as the executive stays in the country, enjoying the same benefits available to Americans and permanent residents.
Business Characteristics
The good news is that any type of business can qualify for this category: nonprofit organizations, corporations, societies, etc.
It is important to know that the institution must continue to do business in its home country for as long as the executive is in the United States.
The organization also needs a solid business plan that demonstrates the executive’s participation and demonstrates that the company has minimum qualifications, effective employee structure and revenue to stay overseas.
All this data will be evaluated by the immigration center.
You can learn more about the requirements and benefits of each visa by speaking with an expert on the subject.
Finally, we created a table summarizing the main differences between the EB-5, E2 and L1 visas. You can consult below.