Us Immigration Attorney

E2 Visa vs EB5 Visa: Choosing the Right Investment Route

About the E2 Visa

An E2 Business Visa is a nonimmigrant visa which allows a foreign national of a country which maintains a treaty of commerce and navigation or a qualifying international agreement with the U.S., or that has been deemed qualified by legislation to go to the U.S. after investing substantial investment funds in a U.S. business, franchise business, or by creating a new business.

About the EB5 Visa

An EB5 Visa, on the other hand, offers permanent residency to the principal investor in exchange for a minimum investment in a qualifying project or business in the U.S.

Differences:

Immigrant vs Nonimmigrant

One of the main differences between an E2 Visa and an EB-5 Visa is that the E2 Visa is a nonimmigrant visa while the EB-5 Visa is an immigrant visa. Nonimmigrant Visas are temporary visas and don’t directly lead to a green card, while immigrant visas give permanent resident status in the U.S.

This means that under the EB-5 program, the investor is eligible to acquire a green card, which is the evidence of permanent residency.

If you’re an E2 Visa applicant or holder, you need to prove your intent to depart the US once your visa status ends.

Minimum Investment Amount

The other main difference between an E2 Visa and an EB-5 Visa is the minimum investment amount. Foreign investors under the EB-5 program are required to invest a minimum of USD 800, 000 for projects in a targeted employment area (TEA) or USD 1,050,000 for business investment not located in a TEA. A targeted employment area is considered an area where there’s high unemployment or is considered a rural area.

Meanwhile, the E2 Visa doesn’t have a set minimum investment amount. It requires the foreign investment to a US business to be a substantial amount, but there’s no minimum amount that’s considered substantial. Instead, substantiality is determined by the nature and the requirements of the business.

If the business fails, both the E2 investor and EB5 conditional resident lose their status.

Place of Filing

Petitions for an EB-5 Visa are approved and filed before the USCIS before the investor can apply for the immigrant visa at the U.S. Embassy or Consulate or apply to adjust status in the U.S. if already in the U.S. on a valid nonimmigrant status. Meanwhile, petitions for an E2 Visa are filed directly at the U.S. Embassy or Consulate which can be located in: 1) the investor’s country of birth, 2) the country of citizenship, or 3) a U.S. Consulate in a country of residence or anywhere in the world that’s willing to take the case. Due to this, the interview is critical for E2 Visa petitions. Filing a change of status to E-2 is also possible if the applicant is already in the U.S. on a valid nonimmigrant status.

Nationality Requirement

The E2 Treaty Investor Visa requires that foreign nationals must possess the nationality of the country which maintains a treaty of commerce and navigation which maintains a qualifying international agreement with the U.S., or which has been deemed qualified by legislation.

This doesn’t mean, however, that nationals from countries without an E2 investment treaty with the U.S. are no longer eligible. They can still qualify in two ways: 1) by being a citizen of the treaty country, or 2) by being married to a citizen of a treaty country.

Meanwhile, the EB-5 Visa doesn’t have a nationality requirement.

Job Creation Requirement

The EB-5 program requires the investor to create 10 full-time jobs for qualified U.S. workers, which must be done before they receive their permanent green card.

The E-2 Visa doesn’t have the same requirement. Instead, the investor must show that the business enterprise is not “marginal”. This means that the business has the present or future capacity to generate more than enough income to provide for the minimal living of the investor and their family.

Source of Funds

Both the E2 and EB-5 Investment Visas require that the investor show their investment funds were sourced from legal or lawful means. It may be sourced through employment, the sale of property, a gift, or a loan among others.

Processing Timeline

The processing time for both the E2 and the EB-5 Visa varies greatly. The process of E2 Visa is much quicker and easier. It can be obtained either through a: 1) Change of Status or 2) Visa Processing. It can take for an E2 Visa to be processed in 4
months.

Meanwhile, the process of an EB5 Visa</a > is very long and has multiple steps. After the processing of Form I-526, it requires: 1) Adjustment of Status or 2) Visa Processing. After this, the investor receives a 2-year conditional green card which they would then remove conditions through Form I-829 3 months before it expires.

The USCIS releases a monthly visa bulletin for the EB-5 Visa priority date. According to the recent October 2023 USCIS Visa Bulletin, the priority date for all countries is ‘Current’ except for China and India, which means that there is no backlog and no retrogression. The application may be filed regardless of the investor’s priority date.

Moreover, in recent years, there have been more people filing for an EB5 visa which creates backlogs and increases wait times due to the quota.

Visa Cap

There are only 10,000 EB5 Visas that are available each year and from this 10,000, 3,000 is set for investors who invest in a commercial enterprise that will create jobs in a TEA. Compared to this, the E2 Visa doesn’t have an annual limit or cap on visas issued per year.

Work Authorization

Both visas allow the investor to work in the U.S., however, there is a main difference in the extent to which they can work. Under the E2 Visa, they are only allowed to work for the E2 business. Meanwhile, under the EB-5 Visa, they are allowed to work for any company.

Taxation

Another main difference is that since EB-5 Visa holders obtain green cards, they are subject to the U.S. tax on worldwide income. Meanwhile, E2 Visa holders can avoid tax on their worldwide income by reducing the days they spend in the U.S.

Ownership of Business

The E2 Visa requires that the foreign investor owns at least 50% of the E2 business to qualify. On the other hand, EB-5 Visa investors are not required to own any specific percentage of the business.

Time Spent in the U.S.

Since the EB5 Visa confers lawful permanent residence, the investor must establish ties to the U.S. and not abandon the permanent residency. In general, a U.S permanent resident should not spend more than 6 months outside the U.S. for every trip. If there is a need to stay outside the U.S. for more than one year, it is recommended to apply for a re-entry permit before leaving to avoid abandonment of permanent resident status.

Dependent Family members

For both visas, their dependent family members such as their spouse and unmarried children under the age of 21 can accompany them to the U.S.

Under the EB5 Visa, the investor’s spouse can work under their conditional green card for any employer they desire.

As for the E2 Visa, the investor’s spouse is no longer required to show an Employment Authorization Document (EAD) after the USCIS updated its policy manual. They’re already considered employment authorized based on their E-2 derivative status.

Both visas also allow the investor’s unmarried children under the age of 21 to attend school.

Pursuing Other Opportunities

As we have said, E2 investors must work for the same company for which their temporary visa was issued. Compared to this, EB5 investors can attend school, work anywhere, or enjoy their retirement among others as long as they have their conditional green cards or they’re at least a limited partner or director of the enterprise they invested in.

Benefits of Obtaining a Green Card

As it stands, the main difference between an E-2 Visa and an EB-5 Visa is that the latter confers a green card to the qualified investor. So you might be asking, what are the benefits of obtaining an investment green card?

Here are some of the benefits once you have obtained a green card:

  • You become a permanent resident of the U.S;
  • Your dependent family members such as your spouse and unmarried children under the age of 21 can also obtain a green card;
  • You can do unlimited or multiple business in the U.S;
  • You can travel freely anywhere in the world; and
  • You have access to the quality of life and benefits of the U.S. economy.

Conclusion

While both the E2 and EB-5 Visa are considered investment visas, they still have stark differences which you must know and understand as a different visa may apply depending on your case or circumstances. Moreover, both visas have different eligibility requirements, which would affect the relevant documents and answers to the interview you would need to prepare.

If you’re still unsure which visa to apply for, Davies & Associates and its team of experienced immigration lawyers can help you determine the
perfect visa for your current goals and needs.


Eb-5 Visa Investment Level Increase

USCIS Announces Premium Processing Fee Increase for Form I-907

On December 27, 2023, USCIS has announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. The fee increase will take effect on February 26, 2024. The premium processing fee will be increased to $2,805 from $2,500.

More information: https://www.uscis.gov/newsroom/alerts/uscis-announces-inflation-adjustment-to-premium-processing-fees#:~:text=The%20adjustment%20increases%20certain%20premium,%241%2C965%2C%20and%20%242%2C500%20to%20%242%2C805.


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


L1 Visa

L1 Study Cases

L-1A status for an Executive extended for another two years

Getting a new office L1-A Visa petition approved for an executive or manager does not automatically mean that he or she will get an extension of another two years. It is not a matter of right to get your status extended and it is certainly not a ministerial act on the part of USCIS to approve the petition. At the time of filing, the petitioner must prove that it can clearly elevate the beneficiary to a managerial or executive position. This means that USCIS will look into whether the petitioner has hired the right people to relieve the beneficiary from performing non-qualifying duties. This is why personnel planning in the business plan for new office L-1 Visa petitions is critical. Aside from this, both the foreign entity and the petitioning US entity must continue to meet all other requirements. 

 APPROVAL OF ANOTHER L-1A PETITION AN EXECUTIVE FROM INDIA

 
We filed an extension of L-1A Visa status petition on behalf of an executive from India. We worked with the Petitioner in getting the new office petition approved and now we have successfully obtained approval of the extension of status petition for an additional period of two years.

The beneficiary is an executive of a digital outdoor marketing agency, specializing in advertising via digital screens set in high traffic public areas, such as retail stores. The Company outsources the content creation and focuses primarily on digital screen setup and sales activities. 

As a multinational executive or manager, you can be transferred to the U.S. for a maximum period of 7 years. If the U.S. company has not been operational for more than a year, the company is eligible to file a new office petition for the transfer of the executive or manager for one year. Extensions can be granted in increments of 2 years until the maximum period of 7 years has been reached. Within the 7 year period, it is possible for the beneficiary to transition to become a permanent resident of the U.S. through the EB-1C Visa petition for a multinational executive or manager. 

L-1 PETITION APPROVALS – L-1A EXECUTIVE FROM INDIA AND L-1B SPECIALIZED KNOWLEDGE EMPLOYEE FROM ARMENIA


The first approval is for a specialized knowledge employee from Armenia. His petition for intracompany transfer as a Cloud Architect has been approved for 3 years. He is the third beneficiary under the L-1 Visa program to be transferred to the US company. We had previously secured approvals for two executives of the same company.

The second approval is for an executive from India, a VP for Engineering for an organization that provides cloud governance platform that empowers enterprises to increase top-line revenues, improve bottom-line efficiencies, and gain a competitive edge through AI-powered real-time cloud governance on autopilot. The beneficiary has been given three years as well. We had also obtained prior L and H-1B approvals for the U.S. company. 


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


O1 Study Cases

O-1A Petition Approved for 3 years for a UK national

 
The beneficiary is an expert in innovation, particularly in digital strategy, corporate innovation, and building start-up companies.  

The petitioning US company provides innovation strategy, lean start-up experimentation and organizational design. The company caters mostly to high growth European tech start-ups with goals of expanding operations in the US. The company assesses current organizational structure, identifies barriers to innovation, and develops custom organizational design that aligns with the goals and supports innovation of the clients.  

O-1A  APPROVALS


The first one is an O-1A petition for a scientific/medical researcher and physician of extraordinary ability from Spain. The beneficiary has been approved to work for the petitioner for 3 years. 


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


US Citizenship parents

Application for Citizenship and Issuance of Certificate Under Section 322

Did you know that you may be eligible to apply for U.S. citizenship if you have a U.S. citizen parent even if your U.S. citizen parent has not been physically present in the U.S.?

To be eligible:  
1.     You must not be not married; 
2.     USCIS must administer the Oath of Allegiance to you before reaching 18 years of age; 
3.     You regularly reside outside the United States; 
4.     You are in the legal and physical custody of your U.S. citizen parent; 
5.     Your U.S. citizen parent has been physically present in the United States for a period or periods totaling at least five years, at least two of which were after 14 years of age. 
6.     If your U.S. citizen parent does not meet the physical presence requirement, the U.S. citizen parent’s own U.S. citizen parent (your grandparent) has to have been physically present in the United States for a period or periods totaling at least five years, at least two of which were after 14 years of age. 
In cases where the U.S. citizen parent died in the preceding five years, and Form N-600K has been properly filed on behalf of the child by the U.S. citizen grandparent or by the U.S. citizen legal guardian, the child does NOT have to be residing in the legal and physical custody of the person as long as the person who has legal and physical custody of the child does not object to the Form N-600K; and 
7.     You are temporarily present in the United States at the time of interview in a lawful status pursuant to a lawful admission. 


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


E2 Visa Study cases

E2 Study Cases

Renewing an E-2 Treaty Investor Visa 

While the E-2 Treaty Investor visa is a non-immigrant visa, it is renewable indefinitely for as long as the business continues to operate and meet the requirements. Our E-2 client from Turkey was successful in getting his E-2 Visa renewed. He plans to re-enter the U.S. soon and further develop his enterprise.

E-2 Approvals


An E-2 Visa extension of status petition for an Australian Treaty Investor  who operates a logistics and transportation company transporting long-haul truck loads for the food industry throughout the entire continental 48 states. The beneficiary received another two years of authorized stay in the U.S. on E-2 classification. 

E-2 Treaty Investor Visa for a UK Citizen valid for 5 years

We assisted our client in acquiring 60% of an existing company in the U.S. to apply for an E-2 Treaty Investor Visa for UK Citizens. The company operates a gas station with a convenience store.

In buying an existing business to qualify for an E-2 Visa, you should check whether the company is profitable and whether it has the ability to hire more employees.

Below is an excerpt from the client’s email. 

“I am very pleased to inform you that my E2 Visa Application has been approved. I appreciate your expert advice and support throughout this process. It would be an honor to recommend Davies & Associates to all my friends and family. I really appreciate your help and support.”

E-2 Treaty investor renewal application approved for a Turkish citizen


Our client had been manufacturing and selling meerschaum pipes in Turkey. He saw the potential of selling his products in the U.S. We assisted him with his E-2 Visa application, which was approved and he was given a 5-year visa. He was able to come to the U.S. with his spouse and child to build a profitable business. Now, we just got his E-2 Visa renewed so that he can continue to expand his business in the U.S.

The U.S. has the world’s largest consumer market. If you want to bring your products or services to the U.S., feel free to contact us and we will tell you how we can help.  


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


Portugal Immigration

THE GOLDEN VISA PROGRAM

Portugal has implemented a residence permit program that allows foreign citizens to obtain a temporary residence permit and freely circulate within the Schengen Area, through certain eligible investments (e.g. real estate and capital investments among others). Investors are required to a minimum period of 14 days stay per each 2 years, for a minimum period of 5 years. Family regrouping is also available under the Portuguese program.

On February 16th, 2023 the Portuguese government proposed the closure of the Portugal Golden Visa Programme as a measure aimed at addressing the housing problem in the country. The proposal is now under consultation and will change once the law is approved by Parliament to pass the legislation, validated by the President of the Republic, and published. Until then, the current law for the Visa still stands and the new law will not apply retroactively to current applications and renewals. The program will effectively change once the law is approved by Parliament.

Click here for more information:

Portuguese Residency By Investment


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Vy Nguyen, Paralegal & Investment Visa Specialist Practice Team at Davies & Associates.

 


Vietnam clients of Davies & Associates

L-1A VISA APPLICATION APPROVED FOR AN EXECUTIVE FROM VIETNAM AND L-2 VISA APPLICATIONS APPROVED FOR HIS SPOUSE AND CHILDREN

Did you know that the foreign and US companies do not have to be engaged in the same type of business or industry? It is common for an L-1A executive or manager to be transferred to the US company that is engaged in the same type of business or industry and have the same duties and responsibilities, but it is possible for the two companies to engage in different types of business as well. For this particular beneficiary, the Vietnamese company is engaged in distribution of imported products in the field of heating, ventilation, and air conditioning (HVAC). On the other hand, the US company ventured into the Food and Beverage industry.

Click here for more information:

https://www.usimmigrationadvisor.com/l1-visas.html


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


L-1 Visa for Spouses

L-2 VISA FOR A SPOUSE OF AN EXECUTIVE

Did you know that USCIS now considers L spouses to be employment authorized based on their valid L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with L-2S code for L spouses. An unexpired Form I-94 reflecting L-2S code is acceptable as evidence of employment authorization for L spouses. This isa significant development for L spouses because they are no longer required to apply for Employment Authorization Document, which takes months to process.

Click here for more information:

https://www.usimmigrationadvisor.com/l1-visas.html


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


Serbia L1 Visa

L-1A VISA FOR AN EXECUTIVE FROM SERBIA

The Serbian company recently set up a US affiliate to expand operations in the US. The US affiliate then filed the new office L-1A petition for the executive. With a new office petition, the intracompany transferee gets one year of authorized stay to jumpstart the operations of the US company.

Click here for more information:

https://www.usimmigrationadvisor.com/l1-visas.html


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States.