Foreign Investor & Entrepreneur Lawyer

At Brown Immigration Law, we understand the unique challenges that investors and entrepreneurs face when it comes to immigration. We have extensive experience working with investors and entrepreneurs from around the world and can provide you with the knowledgeable guidance you need to make informed decisions about your future.

Types of Investor and Entrepreneur Visas

The U.S. offers various visa options tailored to immigrant investors and entrepreneurs aiming to contribute to the nation’s economy. Brown Immigration Law assists clients with the following visas:

• EB-5 Investor Visa: The EB-5 Immigrant Investor Program allows foreign investors to obtain a green card by investing in a new commercial enterprise that creates jobs for U.S. workers. To qualify for this program, you must invest at least $1,050,000 in a new commercial enterprise or $800,000 if the investment is made in a targeted employment area. You must also create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of your admission to the United States as a Conditional Permanent Resident.
• E-2 Treaty Investor Visa: The E-2 Treaty Investor Visa allows foreign investors to live and work in the United States based on a substantial investment in a U.S. business. To qualify for this visa, you must be a citizen of a country that has a treaty of commerce and navigation with the United States. You must also make a substantial investment in a new or existing U.S. business and be seeking to enter the United States to develop and direct the business.
• L-1 Visa: The L-1 Intracompany Transferee Visa allows foreign executives, managers, and employees with specialized knowledge to transfer to a U.S. company that is affiliated with their current employer. To qualify for this visa, you must have worked for your current employer for at least one continuous year within the three years immediately preceding your application. You must also be seeking to enter the United States to provide service in an executive, managerial, or specialized knowledge capacity.
• H-1B Visa (Entrepreneurial Use): While primarily for skilled workers, some entrepreneurs may qualify for this visa if they are employed in a specialty occupation and meet specific criteria.
• B-1 Business Visitor Visa: This visa is available to individuals who are involved with business activities in a limited capacity, for example as a consultant, to negotiate a contract, or to participate in a convention or conference. To be eligible, you must show that you have a legitimate business purpose to enter the United States, that you plan to remain for only a limited amount of time, and that you have sufficient funds to pay for the trip. Moreover, you should be prepared to demonstrate that you intend to return home at the end of your trip and that nothing legally prevents you from coming into the country. There is also a B-1 in lieu of H-1B visa, which allows foreign employees to enter the United States for short-term assignments that require specialized skills without having to obtain an H-1B visa.

Non-Traditional Visa Options for Immigrants

Although the above visas are among the most common, immigrants have other options that may fit their unique circumstances better. The following are a few examples of visas with which our immigration lawyers can assist:

E-1 International Trade Investor Visa

An alternative to traditional investor immigration visas, the E-1 does not have an investment requirement but is ideal for employees of foreign businesses who conduct substantial trade activity with the United States. As with the E-2 investor visa, you must first be a citizen of a treaty country. Next, you should work in an industry that engages in substantial trade (generally exceeding $100,000 annually) of goods or services with the United States. You must also prove that your business primarily trades with the above-mentioned treaty country and that your business activities fall under the broad definition of “trade.”

F-1 Optional Practical Training (OPT) Visa

The F-1 grants a 12-month work authorization to applicants who have been students for at least two consecutive semesters and who plan to seek employment in the United States in their chosen fields of study. There are options both for students who are currently completing their studies (pre-completion OPT) and those who have already finished their studies and work at least part-time, or 20 hours per week (post-completion OPT). A 24-month extension is also available for applicants with a degree in certain Science, Technology, Engineering and Mathematics (STEM) fields.

What Is the International Entrepreneur Rule (IER)?

The International Entrepreneurial Rule, or IER, allows the Department of Homeland Security (DHS) to extend the period of authorized stay to visa holders who can show that remaining in the United States would provide significant benefit to the country. DHS may grant this stay, known as parole, on a case-by-case basis. Those who are given parole are eligible to work only for their startup business. Various criteria concerning the startup and its business activities apply.

Required Documentation for Visa Applicants

All visa applicants must, in general, submit certain basic documents like petitions (forms) and a current, valid passport. Applicants must also be able to show that they can financially support themselves, which is especially important for the B-1 Business Visitor visa. Beyond this, the documentation requirements are largely dependent on the specific type of visa for which the individual is applying. These documents may be necessary to demonstrate such matters as the nature of the applicant’s relationship with the sponsoring business as well as the sort of specialized skills the applicant has. Consult an experienced immigration lawyer for more information.

Common Reasons Why a Visa Application May Be Denied

There are numerous reasons why your entrepreneur or investor visa application may be rejected, which makes it critical to retain knowledgeable legal counsel. Common reasons include:

• Problems with the application, such as not completing all sections or submitting all required documents
• Applying for the wrong type of visa, i.e. not meeting the eligibility criteria
• Criminal history, with more serious convictions being bigger hurdles to acceptance
• Concerns over the health of the applicant
• Problems with the passport or an expired passport
• Insufficient evidence of either ties to the applicant’s home country or that the applicant will return there after the visa ends
• Overstaying or violating the terms of one’s previous visa
• Insufficient means to pay for one’s expenses during their stay in the United States
• Not being clear about the business purpose of one’s visa

How Brown Immigration Law Helps Immigrant Entrepreneurs and Investors

At Brown Immigration Law, we offer a spectrum of services tailored to meet the unique needs of immigrant investors and entrepreneurs:

• Visa Eligibility Assessment
• Business Entity Formation
• Investment Guidance
• Business Plan Preparation
• Navigating Regulatory Compliance
• Consular Processing and Representation
• Hiring Foreign Nationals

We will review your situation, answer any questions you may have, and help you determine the best way to move forward.

Do You Have a Foreign Investor Visa Attorney Near Me?

The visa application process is complex, so it is essential that you work closely with a knowledgeable immigration attorney. For your convenience, Brown Immigration Law has offices in Cleveland and Columbus, OH; Durham, NC; and Tampa and Orlando, FL.

Contact Brown Immigration Law Today to Get Started

Do you have questions about a foreign investor visa or entrepreneur visa? Are you ready to begin applying for your visa, or perhaps you have concerns over your ability to win approval for your application? Fill out our contact form or call 888-861-4414 to connect with Brown Immigration Law today.