USA Immigration - Visa Law Firm
USA Immigration - Visa Law Firm

USA

The United States of America comprises of fifty states in North America. It is the world's third or fourth-largest country by total area and third most populous country.

USA is a developed country and it is the world's third-largest economy. It is a mixed economy as it works in a free market economy in consumer goods and business services. USA government imposes certain regulations which make it very convenient for the people to do trade and work in this country. The country ranks ninth in the world in nominal GDP per capita and sixth in GDP per capita at PPP. Moreover, The U.S. dollar is the world's primary reserve currency.

USA Immigration - Visa Law Firm

Why to Choose
USA for immigrating?

USA is a developed country which makes it number one choice for the foreign immigrants to immigrate. There are number of Multi National Companies operating in USA which creates ample of job opportunities for the people. Moreover, the education system of USA is very strong. There are many well known universities in USA like the Harvard University, Stanford University, Yale University etc. which allures the foreign nationals. People from different caste and cultures are residing in USA in peace which makes this country very safe for the immigrants. Moreover, the constitution of USA has developed various liberal policies for the protection of interest of its people.

USA Immigration - Visa Law Firm

US EB5:

US EB5 is the Employment based fifth category visa is administered by USICS (United States Citizenship and Immigration Services). This visa helps a foreign national to attain Permanent Residency in USA by making investment in the country. The EB5 immigrant investor visa requires an applicant to make a qualifying investment of $900,000 in a targeted employment area (T.E.A.) or $1.8 million in a non T.E.A. The investment must be made towards a commercial enterprise and it must create 10 full time jobs for U.S. workers for continuous two years. There is no requirement for any language test, minimum education and business experience, an applicant just need to prove to the USICS that the funds accumulated to make the investment are legally owned by the investor.

Under this program, an investor and his family members (spouse and dependents up to 21 years of age) gets a conditional green card for two years first and then after meeting removing conditions criteria, one can apply for PR card which is valid for 10 years.

This is a two phase process, firstly an applicant has to file I526 petition with USCIS and once the approval is received then he needs to apply with NVC (National Visa Center) for the conditional Green Card.

E1 Visa:

E1 visa also known as E1 treaty trader visa is designed by USCIS to allow foreign nationals of treaty countries to conduct a trade between US and their home country. Treaty countries are those countries with which the United States maintains a treaty of commerce and navigation. This is a nonimmigrant visa which means the applicant is only admitted to USA for conducting trade and after the termination or expiration of his stay, he will depart USA.

This visa normally allows an applicant maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted. 

USA Immigration - Visa Law Firm
USA Immigration - Visa Law Firm

The other requirement for this visa is that one must perform either “substantial trade” or “principle trade” in the U.S.

  • Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.  There is no minimum requirement regarding the monetary value or volume of each transaction.  While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. 
  • Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country. 

  • An E-1 visa may also be granted to the employees of treaty traders if they fulfill the below mentioned requirements:
  • Be an employee by the law of the state that he wishes to live in
  • Have the same nationality as the treaty trader employer
  • Be able to prove that he will be a supervisor or otherwise have special qualifications that necessitate his presence in the U.S.

This is a two phase process, firstly an applicant has to file I-129 petition with USCIS and once the approval is received then he needs to apply with U.S. consulate or embassy in home treaty country to get the visa.

USA Immigration - Visa Law Firm

E2 Visa:

E2 visa or E2 Treaty investor visa allows a treaty country national to enter in United States by making investment in a U.S. business. There is no specific investment requirement but the investment must be substantial which means:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
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Moreover, the applicant must be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

This visa normally allows an applicant maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. 

E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are hired for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.