Entrepreneurs & Investors : L-1 E-2

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Entrepreneurs & Small Business Owners' U.S. Immigration Strategy

The United States is a desirable destination for investors and entrepreneurs. Its economic and political stability has been a mainstay, and over the years the U.S. continues to experience economic growth and individual wealth creation. The main source of this growth and prosperity is the small businessperson. All across America small businesses have been the catalyst of this growth, creating jobs for Americans and wealth and security for entrepreneurs.

The U.S. government encourages foreign investment in the U.S. because foreigners investing in the U.S. create job opportunities for Americans. Americans working earn money, part of which is invested in banks, stocks, bonds, real estate and businesses, and part of which is spent on consumer goods and services. The more money earned by Americans, the more invested and the more spent, creating more demand for additional goods and services. Consequently, the United States Government has immigration laws that allow foreigners to come to the U.S. to head and manage businesses that they either buy or start-up.

Two Strategies for Foreign Businesspeople

Do you own or manage a business that you have been involved with on a full time basis for at least one year? If their answer is "Yes," the Intracompany Transfer Visa (L-1) strategy may be the best avenue. If their answer is "No," then the Investor Visa strategy (E-2) may be the best avenue.

The Investor Visa, or E-2, does not require the businessperson to have an existing, on-going business in a foreign country. However, the E-2 does require the applicant to make a substantial investment in a U.S. business and there is no clear cut strategy to obtain a Green Card, even though the visa is technically available for "infinite duration." The E-2 visa is available to anyone who is in a position to make a substantial investment in a U.S. business, develop and direct that business, and create new job opportunities or commerce in the United States.

The Intracompany Transfer Visa, or L-1, does not require a minimum amount for investment. But it does require the businessperson to have been an executive or manager of an on-going foreign business for at least one out of the past three years. The big difference? While the E-2 visa strategy provides for the client to stay in the U.S. for as long as they control and operate the business, it does not usually provide for the client to acquire a Green Card. The L-1 visa strategy offers a clear path to the Green Card.