Two years ago, D&A assisted an investor from Jordan obtain an E2 Treaty Visa through his investment in a furniture business. He applied to change of status after he entered the U.S. on a visitor visa. With the change of status application, he did not have to appear for interview at the Embassy which made more sense to him since he wanted to immediately operate the business and considering that the reciprocity schedule for Jordanian nationals is only 3 months. His spouse and dependent children thereafter applied for their visas at the Embassy to join him in the U.S.
While the first year and six months were not very good for the E-2 company, D&A managed to secure an extension of status for the client. While things became much harder in the first few months of the pandemic due to store shutdowns and stay-at-home orders, retail sales rebounded strongly due to sustained consumer resilience.
Extension of Status Approval
D&A highlighted the record percentage increase in sales in 2020 to convince USCIS that the Company is very much poised to achieve the forecasts in the business plan submitted with the initial petition. D&A emphasized the strong stock market, rising home values and record savings boosted by government stimulus payments in 2020 to assert that the Company is slowly but surely moving the path of attaining goals that is expected to ultimately result in positive contributions to the US economy, specifically in the area of employment generation.
While it was certainly not easy to get the E-2 status extended, it pays to have an experienced team on your side to present your application in the best light possible to get a favorable decision from USCIS.
What is the E-2 Treaty Investor Visa?
The E-2 Visa allows anyone with citizenship of an E-2 Treaty Country to apply to move to the United States to invest in and run a business. Anyone not from a Treaty Country can first obtain citizenship of a Treaty Country and become eligible in this way. See Grenada Citizenship by Investment and Turkey Citizenship by Investment. The E-2 Visa application process requires the submission of a credible business plan and renewals are granted on the basis of performance against that business plan.
Our team has successfully filed many E-2 Treaty Investor visa cases, including where the additional step of obtaining citizenship of the E-2 Treaty country is required. D&A is one of the few firms able to support a client across the entire Grenada Citizenship by Investment and E-2 Visa process without needing to outsource the work.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
President Biden’s decision to reverse President Trump’s travel ban has released pent up demand for US immigration services from Nigeria.
Nigeria was hit with a US travel ban in February 2020 after President Trump introduced new restrictions as part of his ongoing immigration reforms. The move added Nigeria and five other countries to what was widely referred to as a “Muslim Ban” that dated back to the start of his administration.
In Nigeria, where around half the population are Muslim, the ban specifically targeted those seeking permanent residency in the United States. This hit particularly hard in the family-based immigrant (Green Card) categories, but also effectively put a halt to the EB-5 immigrant investor visa program in the country.
EB-5 Visa Nigeria
The EB-5 Immigrant Investor Visa Program had been growing rapidly in popularity in Nigeria over the past few years, albeit from a low base. In 2016, 38 EB-5 visa were issued to Nigerians, and by 2018 that number had jumped to almost 100.
The travel ban coincided with an increase in the minimum investment amount for EB-5 to $900,000 and then the outbreak of Covid-19. So a temporary dampening of demand in 2020 was likely with or without the travel ban.
But now EB-5 reopens and the pent-up demand is able to unleash. There are just over 700 EB-5 visas available to each country each year. This means Nigeria has a way to go before it hits its annual cap. But if its EB-5 growth trajectory resembles other countries like India, things could move fast.
The EB-5 program provides a fast route to a Green Card for a minimum $900,000 investment that creates ten jobs. Most people invest with an EB-5 Regional Center to help ensure compliance, but it is also possible to make the investment yourself through Direct EB5. A single investment can cover the primary applicant, a spouse, and any children under 21.
L-1 Visa Nigeria
Where we are seeing the most interest right now from Nigeria is the L-1 Intracompany Transfer Visa. Technically Nigerians were not prevented from applying for this visa as part of the travel ban, but it made the whole process much harder.
Then in June 2020, President Trump announced a worldwide ban on the L-1 visa among many other visas as part of his plans to contain the economic impact of Covid-19. The L-1 visa is only just reopening as Trump’s ban expires. The pent up demand has built up quite a queue worldwide, so it is a good idea to get started on an application.
The L-1A visa allows an international manager or executive to move from the Nigerian office to the US office of the same company. If you are looking to expand your business to the US, you can use the L-1 visa to move to the US to oversee the set-up and growth of the new office. The L-1B visa permits you to transfer an employee with “Specialized knowledge” to the US.
The L-1A visa is limited to a maximum of seven years and the L-1B for a maximum of 5 years. But you would not get the full amount in one go. Nigerian L-1 visas are issued up to a maximum of 2 years, at which time you would need to apply for a renewal. After the maximum period, you must switch to a different visa or return to Nigeria.
E2 Treaty Investor Visa Plus CBI
The other visa a lot of potential Nigerian clients ask us about is the E-2 Treaty Investor Visa. The E-2 visa allows a person to move to the US for the purposes of owning and operating a business. People use it to buy restaurant franchises or gas stations, but the business opportunities are much broader than this. You no longer even need physical premises.
The visa is hugely popular, but there is one catch for Nigerians. Nigeria does not hold an E-2 Treaty with the USA. This means that Nigerians seeking an E-2 visa need to first become citizens of a country that does have a treaty. The process is known as E-2 + CBI.
The two E-2 countries with the cheapest and fastest routes to citizenship are Turkey and Grenada. Turkish citizenship can be obtained with an investment in real estate from $250,000 or bank deposits worth more than $500,000. Grenadian citizenship can be obtained with a donation from $150,000 or a real estate investment from $220,000. Citizenship of both countries can be obtained in a matter of months.
The extra step can seem like a hassle, but we have helped clients through this prcoess and it is simpler than it sounds. Plus, for many, the E-2 visa is worth the effort. Spouses of the primary applicant can apply for a separate US work permit, investment requirements are relatively low, and the visa can be renewed forever – provided the business is still in good operation.
The combination of Covid-19 and a travel ban has hit Nigerian immigration to the United States hard. But the travel ban is lifting and the vaccination program is underway. The 2020s look set to be brighter for Nigerians hoping to move to the United States.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
India does not allow dual citizenship, but Overseas Citizenship of India (OCI) status offers a form of permanent residency with many of the benefits of Indian citizenship.
Second Citizenship and OCI
We have experienced a sharp rise in demand for second citizenship among our Indian clients over the past few years. While many wish to relocate to long-popular destinations like the UK, Canada & Australia, a new trend has been quietly emerging.
Why are they doing this? Well Grenada has lots to offer in its own right – a stable economy, beautiful beaches, and cricket, to name just a few. But one of the primary motivating factors is the fact that it offers Indians access to the United States E-2 Treaty Investor Visa.
The E-2 Treaty Investor visa allows a person to move to the United States with their family for the purposes of investing in and running a business. Unlike the popular H-1B Visa, there are no limits or quotas, and it is not subjected to the same fast changing political whims.
The E-2 Treaty is governed by treaties with sovereign states, which outlast one particular president or another. But it is precisely because it is governed treaties that India is not eligible. India does not have a relevant treaty with the United States.
Therefore, to become eligible the E-2 visa, Indians need to first obtain citizenship of an E-2 Treaty country. The E-2 Treaty countries with the quickest and most cost-effective pathways to citizenship are Grenada and Turkey. Grenada has typically been more popular with our Indian clients.
What is OCI?
The only reticence we see with Indian clients pursuing the Grenada + E-2 route surrounds the issue of citizenship.
While Grenada allows dual citizenship, India does not. So, our clients are faced with the prospect of giving up their Indian citizenship for citizenship of a much smaller country a long way from home.
While for some, this is entirely worthwhile. They see the strength of the Grenada passport worldwide (it is one of the few countries to have visa free access to China, as well as the European Schengen area, and the U.K. – not to mention its access to the E-2 Treaty Investor Visa).
But for others, the decision can be more daunting.
That is where OCI or Overseas Citizenship of India comes in. Anyone faced with the prospect of giving up their Indian citizenship can apply for OCI status and have many of the same rights as full citizens.
The principle differences between OCI and full citizenship are that Overseas Citizens of India are not eligible to vote, are not eligible to hold public office, and are not eligible to acquire agricultural land.
In most other aspects Overseas Citizens of India are treated much the same as Non Resident Indians (NRIs), Indian citizens who reside outside of India for at least 182 days per year.
The OCI is essentially a life-long, multiple-entry visa to visit or live in India for any purpose including work. It is essentially a form of permanent residency.
Some benefits of OCI
No need to report presence in India to the authorities
Same rights as Non Resident Indians except not able to acquire agricultural land
Additional permission required for work in fields of journalism, research, missionary and mountaineering
Same rights as Indian citizens to domestic air fares and to the admission price for national parks
Same rights as Non Resident Indians to work in registered progressions, e.g. doctors, dentists, nurses, advocates, architects, and chartered accountants.
And it is not only people who surrender their Indian nationality that are eligible for OCI status. Anyone with an Indian parent, grandparent or great grandparent is eligible. This makes the OCI program very popular in countries with large Indian diaspora communities like the United Kingdom, the United States and Canada.
Restrictions on OCI
Cannot vote
Cannot run for political office
Cannot obtain government jobs
Cannot acquire agricultural land
Grenada Citizenship by Investment
Citizenship of Grenada can be obtained within an average of less than three months for an investment in real estate starting from $220,000 or a donation to a public fund from $150,000. The Turkish program requires an investment in real estate starting from $250,000 or deposits in a Turkish bank of $500,000 or more.
What is the E-2 Visa?
The E-2 visa allows a person to move to the U.S. with their family to actively invest in and run a business. The required investment should be suitable for the business, usually starting from $100,000, and this should be reflected in a credible business plan. Spouses can apply for work authorization outside the business and the family is free to travel to and from the United States.
It is possible to invest in a franchise business, or set up a business from scratch. It is important that the business is structured in a way that complies with all immigration regulations. We advise E-2 applicants to engage not just our immigration lawyers, but also our corporate lawyers. Both teams work closely together to maximize the chances of a successful application and subsequent renewals.
Reversing the Process: Becoming a Citizen Again
The decision to surrender Indian citizenship is rarely taken lightly. OCI offers many of the same benefits, and for people whose minds or circumstances have changed, there is a route to re-obtaining Indian citizenship.
A person who is registered as an OCI for 5 years is eligible to apply for Indian Citizenship if they have been living in India for one of those five years.
This is, nevertheless, an immensely important decision. We recommend that you speak with our attorneys so you are fully apprised of OCI, citizenship by investment, and where applicable, the E-2 Treaty Investor Visa. Please contact us to discuss your personal circumstances.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
Our client wanted to be temporarily reunited with his wife who was living in the United States, but time limitations to his visitor visa meant he had to seek a longer- term alternative. The E-2 Treaty Investor Visa proved the optimal solution.
Our firm assisted a Jordanian national to with obtaining an E-2 visa and subsequently a green card. While he is married to a US permanent resident, he did not initially wish to reside in America permanently.
Since he did not want to be apart from his wife for too long, he entered the US on his visitor’s visa and was given a period of 6 months of authorized stay.
Prior to the expiration of his period of authorized stay, he has decided that he wants to stay for a longer period of time to determine whether he wants to permanently decide to live in the US or convince his wife go back with him to Jordan. We recommended the change of status to E-2 option for him.
Our firm assisted him in setting up his E-2 company and guided him on making the investments. He opened a bakery restaurant which offers a variety of Lebanese-style flatbreads with a variety of toppings, with options for meat-lovers, vegetarians, and vegans.
Having a permanent resident wife posed a hurdle in terms of proving his non-immigrant intent. We worked with the client in documenting ties to Jordan and we successfully obtained an approval which granted a period of authorized stay of two years on E-2 status.
The success of his business changed his mind about his future in America. He decided to apply for permanent residency by virtue of his marriage to a Green Card holder.
The priority date for spouses of permanent residents had recently become current and so we advised him to immediately file an adjustment of status application.
The application has been approved and he is now waiting for his Green Card. With careful planning, our firm managed to lessen the client’s physical separation from his wife.
What is the E-2 Treaty Investor Visa?
The E-2 Visa allows a person to move to the United States for the purposes of investing in and running a business. The visa is renewable indefinitely, provided the underlying business remains in operation.
Spouses can move to America along with the primary applicant and can apply to work outside the business. Dependant children can also move to the United States with their parents.
Investors can choose to purchase a ready-made franchise business provided it complies with the E-2 visa regulations. Davies & Associates has a team of corporate lawyers to make sure the franchise or start-up is structured in a way that complies with all the immigration regulations.
While many E-2 clients opt to invest in restaurants or retail, some choose to have businesses that do not necessarily require a bricks-and-mortar presence. These people benefit from a recent innovation to the E-2 visa program that no longer requires the business to have a physical premises.
Who is eligible for the E-2 Treaty Investor Visa
Eligibility for the E-2 Visa is determined by country of citizenship. An applicant must hold citizenship of a country that holds an E-2 Treaty with the United States.
The full list of countries with E-2 Treaties can be found here. Jordan holds an E-2 Treaty with the United States, so this client was directly eligible for the program. Since there are no quotas for this program, the client was not subject to any waiting lists and his application could progress quickly.
Furthermore, since the E-2 Treaty is governed by treaties, it is less exposed to political machinations than most other visa categories. These treaties tend to outlast short-term political changes in Washington.
If the client had not been from an E-2 Treaty Country, the client would need to have first obtained citizenship of an E-2 Treaty Country. The two E-2 treaty countries offering the quickest and most cost-effective pathways to citizenship are Grenada and Turkey.
Grenada offers dual citizenship within just a few months in exchange for an investment in real estate starting from $220,000 or a donation to a government fund starting from $150,000. Turkey requires a $250,000 investment in real estate or $500,000 deposits placed with Turkish banks.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
While Joe Biden spoke favorably about immigrants in the run-up to the 2020 election, he may find his ability to act favorably hampered by a hostile Senate and an economy ravaged by Covid. Despite this uncertainty, once visa category is likely to continue to be unscathed by all the dramas in Washington: E-2 Treaty Visa
This is because the E-2 Visa is governed by treaties with sovereign countries that long outlast one president or another. In fact, the oldest E-2 Treaty – with the United Kingdom – dates back more than 200 years.
The E-2 Visa allows foreigners to move to the United States with their families for the purpose of owning and actively managing a business. This could be something they start-up from scratch, or it could be an off-the-shelf franchise business.
There is no fixed investment required for an E-2 visa, but the amount of capital being brought into the United States needs to be proportionate to the needs of the business.
The spouse of the E-2 visa holder can apply for work authorization in the United States and is not tied to working in the E-2 business. This offers a lot more employment flexibility than the H-1B visa, which somewhat bounds and employee to a particular employer.
The E-2 Visa does not bestow permanent residency, but can be renewed indefinitely provided the underlying business is still in operation. There are options for transitioning to a Green Card – for example, through the EB-5 Visa Program.
If your country does not hold a Treaty then don’t worry, there are still options. Firstly, new countries are sometimes added to the list. For example, Israel and New Zealand are recent additions to the list of E-2 Countries.
Nevertheless, citizens of countries like India, China, Vietnam, South Africa and more are not eligible for the E-2 Treaty Investor Visa. Citizens of these countries have to obtain citizenship of an E-2 Treaty Country first.
The two countries that offer the most cost-effective and fastest routes to citizenship are Grenada in the Caribbean and Turkey. Once you have obtained citizenship of one of these countries, you can apply for the E-2 visa.
Grenada offers citizenship for a real estate investment starting at $220,000 or a donation of $150,000. Processing times are extremely fast and you are not required to visit the island. There is no tax on worldwide income and there are no residency requirements. Grenada allows dual citizenship.
Turkish citizenship can be obtained in a matter of months in exchange for a $250,000 investment in real estate or $500,000 deposits in a Turkish bank. Turkey is a popular option because of its helpful position as a global aviation hub.
Table: E-2 Countries Offering Citizenship By Investment
View our step-by-step infographic detailing the process of obtaining an E-2 Visa through citizenship by investment
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
We are delighted to have received yet another E-2 Treaty Investor Visa approval today. This time it’s for a client who already has an approved EB-5 application, but is facing a wait before an EB-5 visa becomes available. In fact, she is part of a growing trend of people looking to the E-2 visa as a means of moving to the United States faster than EB-5 allows.
The EB-5 Visa is proving fantastically popular in some quarters – especially China and Vietnam where supply is often outpacing demand. As well as India, South Korea and Taiwan where demand is fast catching up with supply.
When demand exceeds supply, that country is subject to a waiting list for EB-5.
There are normally around 700 EB-5 visas available to each country per year. The quota does not take account of population size, which partially explains why demand is so high in certain countries.
It is hard to calculate the exact length of the delay faced by each country because they are subject to so many moving parts. We explain the delays in more detail in our analyses of the visa bulletins.
Citizens of China are subject to extremely long, multi-year delays. For Vietnam the delay is shorter but still an inconvenience. And for India there is currently no delay, but there were delays as recently as this summer. Taiwan and South Korea have never faced delays, but they are heading in that direction.
Some people opt to wait out the delays in their home country, but others are keen to get to the United States sooner. That is where the E-2 visa comes in.
The E-2 Visa has no waiting list and processing times are very fast
The EB-5 country-quota depends upon a person’s country of birth rather than their current citizenship. For example, the client approved for E-2 today was born in mainland China but is currently an Australian citizen. That means that for EB-5 purposes our client is subject to the China quota – which has a long waiting list – rather than the Australian quota which has never come anywhere close to its annual cap.
Yet that Australian citizenship has come in handy when it comes to the E-2 Treaty Investor Visa. Because, although there are no caps or quotas for E-2, eligibility for this visa is determined by your country of citizenship.
China does not hold and E-2 Treaty Country with the United States, so its citizens are ineligible. Australia, on the other hand, has a well-established treaty that makes its citizens eligible for the E-2 visa.
Essentially, you must be a citizen of an E-2 Treaty country in order to qualify for an E-2 visa. This means the country in which you hold citizenship must hold a relevant Treaty with the United States. You may check if your country is part of the E-2 Treaty Countries.
Becoming eligible for the E-2 Visa
If your country is not on the list then you can become eligible through a two-step process. First you need to obtain citizenship of an E-2 Treaty country, then you can apply for the E-2.
It sounds complicated, but in reality it is relatively simply. We have done this for a number of clients in the past. The whole process can take as little as nine months if everything runs smoothly.
So why have people bothered going to so much trouble? Well for one thing, Turkey and Grenada offer multiple benefits in their own right. But also because people get excited by the E-2 visa, which allows them to move to the United States for the purposes of owning and operating a business.
Investment requirements are relatively modest (no hard-and-fast rule, but usually starting from around $100,000).
You can start your own business or purchase a franchise
You can bring your spouse and children with you
Spouses can apply to work outside the business
You have freedom to travel to and from United States
There is no longer a requirement for a physical office space
The visa is renewable indefinitely – if the underlying business remains
E2 to EB-5
Unlike the EB-5 visa, the E-2 visa does not offer permanent residency. So if you close the underlying business, you would be required to leave the United States or find an alternative.
The E-2 Business Could Qualify for EB-5 if it Meets the Requirements
That is where the EB-5 comes in. There are two options for transitioning to EB-5 from E-2. Firstly, if your E-2 business has grown large enough, it may qualify as an EB-5 investment in its own right. The invested capital would need to be more than $900,000 if your business is situated in a targeted employment area ($1.8 million outside of these areas). It would also need to be able to sustain ten full-time employees.
Alternatively, you can invest in the EB-5 Regional Center program separately to your E-2 business. This removes the challenge of ensuring your business is consistently compliant with the EB-5 rules. While the Regional Center works to ensure compliance, you and your attorney should still be conducting due diligence on the Regional Center’s investment project to identify any risks to your Green Card and investment.
Case study
Our client established a New York-based company that sells well-designed, high quality, comfortable women’s clothing. It sells products online but the items will also be available in luxury department stores.
Customers are able to order items directly from the Company’s website, Instagram, or mobile application. The Company uses engaging social media content, with a focus on building a brand through storytelling and it employs technology to create an immersive experience for clients through application of augmented reality (AR).
Our client was born in China but is currently an Australian citizen. She already has an approved EB-5 application (Form I-526), but faced a long wait for an EB-5 visa with all other Chinese-born applicants.
Chinese citizens are not eligible for the E-2 visa, but by holding Australian citizenship, she was eligible. This means the client was able to apply for an E-2 visa to pursue her entrepreneurial dreams in the United States.
Nevertheless, most of her funds came from China, which meant there were restrictions on the transfer of funds that required careful planning. Additionally, the closure of the US consulates in Melbourne delayed the interview and slowed the whole process by several months.
We wish her the best of luck in America.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
The E-2 Treaty Investor Visa is one of the most sought-after US visa categories. Little wonder. The E-2 visa allows a person to own and operate a business in the largest economy in the world.
It can be renewed indefinitely provided the underlying business is in operation and still performing; Spouses can apply for work authorization outside the business; Dependent children can join you in America; You are not taxed in the same way as citizens and Green Card holders; You are free to travel to and from the United States; You can opt for an off-the-shelf franchise business or start your own.
Yet to qualify for this popular visa, you need to be a citizen of a country that holds a relevant treaty with the United States. Check out the list below to see if you are eligible.
List of E-2 Treaty Countries
Note: If your country is not on the list, Read on! We can still help.
If your country is on the list then you can go directly to an E-2 Visa. If it is not on the list (and more than half the world’s population are citizens of countries that are not on the list), then you need to become a citizen of a country that is on the list first.
You see, unlike the EB-5 investor visa program, E-2 is determined by your country of citizenship. (While citizens of all counties are eligible for the EB-5 visa, each country is subject to an annual quota. Which EB-5 country quota you are subjected to is dependent on your country of birth rather than country of current citizenship.)
But with E-2 visa, obtaining dual citizenship or a new citizenship will make a difference to your eligibility.
While several of these countries offer a pathway to citizenship, the timing and cost can be prohibitive. For example, you can invest your way to UK residency for £2 million. This sets you on a path to possible citizenship, that takes six years. You can reduce this time if you invest more. But even with a £10 million investment, it will still take 3 years to be eligible for citizenship.
That is quite the wait for the E-2 visa. Besides, if you ultimately looking to move to the United States and have such sums of money to invest, you might want to consider the EB-5 investor visa instead. Under this program, a family can all receive Green Cards in exchange for a $900,000 investment.
Yet there are two countries on the list that offer fast and cost-effective routes to citizenship: Turkey and Grenada. We have helped clients obtain E-2 visas via both countries. It takes a matter of months to complete the entire process.
Grenada offers citizenship in exchange for a real estate investment from $220,000 or a donation to the government of $150,000 (more depending on how many family members you are bringing). It takes less than three months to obtain the passport, you don’t need to visit during this process, and Grenada allows dual citizenship so you do not need to give up your existing citizenship (unless this is required by the other country).
Turkey offers citizenship in exchange for a $250,000 investment in Real Estate or a $500,000 in bank deposits held with a Turkish bank. The process takes only slightly longer and citizenship can be obtained in just a few months.
Both countries offer many benefits aside from the E-2 visa. Both are dynamic economies with considerable investment opportunities. Some of our clients prefer Turkey because it is an international transit hub often en route between their home country and the United States. Others prefer Grenada for its proximity to their new home in the United States.
A third option is Montenegro. It is newer and a bit more expensive that the other programs. It requires a minimum €250,000 investment in Real Estate as well as a €100,000 donation. Montenegro shares a border with the European Union and it is a candidate for membership.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
Cyprus has announced it is closing its popular citizenship by investment program from next month, so what alternative options are available?
Under the Cyprus program, dual citizenship could be obtained within just six months in exchange for a €2 million investment on the island. Since Cyprus is a European Union member, Cypriot citizenship offered the opportunity to live and work in any one of the 27 EU member states (28 until Brexit).
Maltese Citizenship by Investment
The closure of the Cyprus program leaves Malta as the fastest route to European Union citizenship. The Maltese citizenship program requires a €650,000 donation, a €150,000 investment, as well as a commitment to reside in Malta and meet a threshold cost for the rent or purchase of a home.
EU Residency to Citizenship
The alternative European Union programs are more focused on residency by investment with the opportunity to progress to citizenship after a period of residency has been maintained. Bulgaria offers a fast transition from residency to citizenship, while the UK differs depending upon how much you invest, and for Italy it takes ten years. (More on this below)
Montenegro Citizenship by Investment Program
There is a candidate for European Union membership that offers citizenship by investment for those willing to wait an undetermined period of time to become and EU citizen. Montenegro offers a time-limited citizenship by investment program that is running to the end of 2021. The Montenegro program requires a minimum €250,000 investment in Real Estate (more capital is required in economically developed parts of the country) as well as a €100,000 donation to the public coffers. Not only is Montenegro a candidate for EU membership, it is also a member of NATO.
Turkish Citizenship by Investment
Another nearby NATO member, Turkey, also offers an enticing citizenship by investment program. The Turkish program is cheaper than the Montenegro program in that it only requires a €250,000 investment in Real Estate to be maintained for three years or more. Alternatively, Turkish citizenship could be obtained by maintaining €500,000 in deposits with a Turkish bank for three years.
Access to the United States E-2 Treaty Investor Visa
One of the many advantages of Turkish citizenship is that it offers access to the sought-after United States E-2 Treaty Investor Visa. This visa allows a person to move to the US with their families for the purpose of running a business. While the primary applicant must run the business, the spouse can apply to work in the United States.
You must hold citizenship of an E-2 Treaty country. Check our list to see if your country is on there. Citizens of many countries, including India, China, Vietnam, South Africa, Russia, Nigeria are not eligible for the E-2 visa. Combining an E-2 application with citizenship by investment is relatively straightforward. Click here or contact us to learn more.
Grenada Citizenship by Investment
Another country that offers access to the US E-2 Treaty investor visa is Grenada in the Caribbean. Its citizenship program is even more cost effective than the Turkish program. Investors can choose between making a donation to the government of $150,000 or making an investment in Real Estate starting from $220,000. The Grenada program has fast processing times – it can take less than two months to obtain citizenship. Grenada has a strong passport with visa free access to the UK, the EU and the People’s Republic of China.
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Comparison of Citizenship by Investment Programs
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United Kingdom Residency by Investment
Back to Europe, and the alternative options are to obtain residency by investment as a pathway to citizenship over the medium term. The United Kingdom, for example, offers residency in exchange for a minimum £2 million donation. Higher investment amounts reduce the amount of time before you can obtain settled status, termed indefinite leave to remain. For £2 million the time period is five years; for £5 million that is reduced to three years; and for anything upward of £10 million it requires just two years before you can apply for settled status. Twelve months after obtaining indefinitely leave to remain, a person can apply for UK citizenship.
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UK Investor Visa Options
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Italian Residency by Investment
Italy offers something similar to the United Kingdom. Recently, in response to Covid-19, the Italian government reduced the investment requirement for its investor visa. Italian residency by investment can be obtained in one of the four ways listed below. The investor must maintain ten years of residency before they can apply to naturalize as an Italian citizen.
at least 250.000 Euros in an innovative start-up company incorporated in Italy;
at least 500.000 Euros in equity instruments of companies incorporated and operating in Italy;
at least 2 million Euros in Government Bonds issued by the Italian Republic
philanthropic donations of at least 1 million Euros, in the field of culture, education, immigration, scientific research, recovery of cultural assets and landscapes
Portugal Residency Permit
Portugal offers a residency permit in exchange for an eligible investment. The permit is granted for a two year period, but can be renewed in two year instalments. After five years, the permit holder can apply for permanent residence or citizenship.
Investment options include, real estate, bank deposits, government bonds, setting up a company, and more. For real estate, the minimum requirement is €350,000 for old houses and €500,000 for newer builds. That amount is reduced in areas of low population density.
GreeceResidency Permit
Greece offers residency permits for a cost-effective €250,000 investment in real estate. The permit is granted for five years and can be continuously renewed provided the underlying property ownership is maintained. Lease and timeshare options may also qualify.
United States Investor Visa
The United States EB-5 program offers a Green Card in exchange for a $900,000 investment. The applicant, a spouse, and any children under the age of 21 can be covered by a single investment. A Green Card offers permanent residency in the United States and can subsequently be converted to citizenship, provided residency conditions are met.
The investment must create and sustain ten American jobs and must be made in a Targeted Employment Area (outside of these areas the investment required doubles to $1.8 million.) While you can make and manage the investment yourself, most applicants opt invest with “Regional Centers”.
These organizations aggregate investors into new commercial ventures usually involved in construction. These job-hungry projects help ensure compliance with the requirements of the EB-5 program. While the capital is at risk, careful due diligence of the project and Regional Center will mitigate that risk.
Conclusion
This is not an exhaustive list. Other countries like Spain, Ireland, St Kitts & Nevis, and Dominica all offer residency and citizenship by investment programs. The abrupt departure of the Cyprus from the industry does not end the dream of global mobility by investment. The best thing to do is to share your goals and budgets with an immigration attorney who can advise on the best option to suit you, your family, and your business.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
While Grenada and Turkey understandably dominate the discussion around the E-2 Visa, other countries also offer a potential pathway to this desirable visa category.
To qualify for the sought-after Visa E2 USA, you must be a citizen of an E-2 Treaty Country. You can find out if your country holds an E-2 Treaty with the United States by checking this list. If your country is not on the list, you would first need to become a citizen of an E-2 Treaty country to qualify.
It sounds complicated, but in reality it can be quite straightforward. At Davies & Associates we have a lot of experience with helping clients through a two-stage process of becoming a citizen of an E-2 Treaty Country then applying for the E-2 visa.
Most of our clients have opted for Grenadian or Turkish Citizenship by Investment (CBI) programs for the simple reason that these countries offer the fastest and most cost-effective routes to citizenship.
Indeed, you could even be living in the US on an E-2 visa within just nine month because processing times for both the CBI programmes and the E-2 visa are very fast. (Covid notwithstanding).
So if it is speed and price you are looking for, then please contact our team to discuss the Grenada and Turkey options. (It should be noted here that both Grenada and Turkey both offer fantastic commercial, educational, and other benefits in their own right. This has been the subject of several other blogs in this feed. Please contact us to discuss this in greater detail).
But for some of our clients, other factors are at play in influencing their motivations, this includes family, education or business interests.
Take the United Kingdom for example. The UK is the oldest E-2 treaty country in the world. In fact, the Treaty dates back over two hundred (200) years. Anyone who becomes an UK citizen is then eligible to apply for the United States E-2 Treaty Visa.
The UK offers an investor visa program which is almost ten times as expensive as citizenship through real-estate investment in Grenada, and eight times as much as a similar type of investment in Turkey.
The United Kingdom also has a much longer pathway to citizenship. A person can claim indefinite leave to remain in the UK after five years and citizenship after six. (Although the time it takes to become a citizen can be reduced if you invest more.)
Despite this, some of our clients prefer the UK route because it makes sense based upon their personal interests and circumstances.
The UK investor visa example is useful for drawing a direct comparison with the Grenada and Turkey programs. But there are other ways to become a UK citizen.
For example, there are British visa categories that encourage start-ups or other types of businesses than can provide a route to citizenship. Starting a business in the UK can be a good springboard for an E-2 business in the United States (or you might wish to consider a new-office L-1 visa instead).
Or there are family-based immigration options. This is one of the more popular routes for our clients. Especially our Indian clients. And this is not limited to the United Kingdom. We have seen clients become citizens of Canada and Australia and then apply for an E-2 visa.
The best thing to do is to check out the list of E-2 treaty countries. If your country is on there, our team can discuss the E-2 process with you directly. If your country is not listed – have a look through the countries that are on there. Determine if you have any connections or interests in any of these countries, and then discuss with our team about whether these are viable options.
The E-2 Treaty Investor Visa allows a person to move to the United States with their family for the purpose of owning and operating a qualifying business. It has relatively low investment requirements, does not create a tax liability on earnings outside the US, and it can be renewed indefinitely. A spouse can apply for work authorization outside of the E-2 business, franchise businesses are eligible, and if you don’t have a business plan in mind, we can help.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.External links are not an endorsement of the content.
Did you know it was possible to move to the United States to run a franchise business. The E-2 Treaty Investor Visa allows people to emigrate to the US for the purposes of investing in and managing a business. This can include a franchise.
In this video, our Global Chairman Mark Davies, addresses some of the frequently asked questions about franchise business. And advises on some of the pitfalls to be aware of and to avoid.
For example, franchise brokers can help with the whole process. However, it is important to know if they are earning commission and to seek external advise.
Not all franchises are eligible for the E-2 visa, so it is important to check first. It is especially useful to have a corporate lawyer review the franchise agreement before you sign.
If you are not from an E-2 Treaty Country. Contact us to discuss ways to become eligible for the E-2 visa. This usually involves obtaining citizenship of a country that has an E-2 Treaty with the United States. Grenada and Turkey offer the most cost-effective pathways to citizenship.
This article and video is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.
