ScottVassell & LeeCC Law Firm
  • Free & Standard Consultations Available
  • Over 20 Years Experience
703-261-6881 Virginia
301-251-4003 Maryland
202-973-0156 D.C.
Do you need a RUSH on Your Immigration Case? Contact us today about our Expedited Services for Preparation & Filing of U.S. Immigration matters.

One Million Dollars Required by Foreign Nationals to Start a Business in the U.S - Truth or Myth?

Foreign Nationals who are interested in investing or starting a business in the United States are often under the belief that $500,000.00 to $1,000,000.00 is required to obtain a U.S. investor or business visa. In fact, this is a myth. We have successfully assisted our clients with options that have low investment requirements in relation to their business plans. There are a few basic ways to obtain a visa which we explain briefly below.

H-1B visa

Individuals who are in a specialty occupations which require a four year degree, may invest in a new U.S. business, and work for the company under an H-1B visa. However, an H-1B worker who also owns an investment interest in the business must meet the following requirements:

  • H-1B visa holder cannot control the company through his or her ownership interest and job description.
  • Business Partners should be Permanent Residents or U.S. Citizens
  • The company cannot be H-1B dependent

This option is very complex. It requires an experienced immigration and business attorney in order to have the best chance of success. However, there is no minimum or maximum investment requirements needed here.

E-2 visa

U.S. Investor visas are classed as E visas. Only qualifying countries may participate under Treaty. The Department of State (DOS) regularly updates the list of qualified countries. Here, a Foreign National's investment must be "active" and "at risk" in order to be approved for this visa category. A solid business plan is also essential. The business plan must clearly show that the budget to start and operate the business is matched with the amount of capital being invested to fund the business venture. Capital must be at risk such as monies placed in escrow for leases or contracts upon approval of the visa. Therefore, monies would already be invested into setting up the business, prior to E visa application. An investor could only get their investment back if an E visa were not granted. Otherwise, the funds are "at risk". If later, one decides to adjust to a U.S. Permanent resident an E visa does allow adjustment of status.

Experienced E-2 visa attorneys will understand how an E visa meets the capital requirements.

L-1A Visa

Our prior blogs go into details about the L visa. However, it is worth mentioning the L visa here. F

f a Foreign National has worked for, or owns a company abroad, he or she may be eligible to open a new office in the United States by applying for an L-1A or L-1B visa. It is possible to adjust status to a U.S. Permanent Resident from L-1A status.

In conclusion, the E-B5 is a permanent U.S. visa. It grants 2 year conditional Permanent Resident Status (i.e. Green Card) to successful applicants. This is the only option that requires a minimum amount. One million dollars ($1,000,000,000) is the standard amount. Exceptions to this rule are not discussed here.

You may contact our office to set up an appointment for a free 20 minute attorney phone consult. We have different office locations based in the Washington D.C. area and surrounding states which are available at www.scottcclaw.com. We also services clients world wide.

All of our attorneys are members of the American Immigration Lawyers' Association ("AILA").

Vassell & LeeRC Law Group

www.scottcclaw.com

No Comments

Leave a comment
Comment Information

CONTACT US

Call or e-mail us to inquire about our free limited telephone consultations. We have competitive rates and we accept Visa and MasterCard. Reach us at 703-261-6881; 301-251-4003; or 202-973-0156.

[email protected]

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

ScottVassell & LeeCC Law Firm Spanish, Portuguese, Korean, Mandarin, Cantonese and French services available.

Fairfax Office
11350 Random Hills Road
Suite 800
Fairfax, VA 22030

Phone: 703-261-6881
Map & Directions

Rockville Office
110 North Washington Street
Suite 404
Rockville, MD 20850

Phone: 301-251-4003
Map & Directions

Washington Office
1629 K Street
Suite 300
Washington, DC 20006

Phone: 202-973-0156
Map & Directions