Questions and Answers > EB-5 Investments

What is the best visa type for a venture capitalist?

I am a venture capitalist and I invest my firm's money in American technology businesses. Is there a way for me to apply for an EB-5 visa by investing my firm's money? If not, what visa type is most appropriate for me to get U.S. permanent residence?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 22, 2016

  EB-5 investments must be personal investments. Based on your description, I can think of some possible alternatives for an approvable process.

• Ed Beshara

  Immigration Attorney

  Answered on August 15, 2016

  An EB-5 investment requires the investment of personal funds. A foreign corporation can invest funds in the U.S. subsidiary, and on this basis the U.S. corporation can petition for the foreign executive employee to obtain U.S. permanent residency.

• Peter Zhang

  Immigration Attorney

  Answered on August 12, 2016

  It cannot be your firm's money. You would have to document that it is your own. Or that a portion (satisfying the minimum investment threshold) is your own funds. For other options, it is difficult to say without knowing more. But off the top: L-1, EB-1C, and E-2 are possible options.

• Julia Roussinova

  Immigration Attorney

  Answered on August 12, 2016

  You cannot invest a legal entity's money to qualify for EB-5 unless the entity pays out a dividend or distribution to you and you use these personal funds as EB-5 investment. Another option is for the entity to loan you the funds, but the loan must be secured by your personal asset(s). L-1A or E-2 visas may be other options for you, assuming you qualify. You should consult an immigration attorney to review different options.

• Gus Shihab

  Immigration Attorney

  Answered on August 11, 2016

  The investment proceeds used for EB-5 purposes must be personal. It cannot be monies belonging to a legal entity. The best way to benefit from the EB-5 category in your case is for your company to issue a cash payment to you as a disbursement, then you can use that money as an individual for EB-5 investment purposes.

• John J Downey

  Immigration Attorney

  Answered on August 11, 2016

  The EB-5 money should be personal to you. Your firm could loan you the money, but you must be liable for it. From what you say, I think the L-1 visa would be the best bet for eventually obtaining permanent residency.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 11, 2016

  You can certainly apply for an EB-5 visa by investing your money. There are several opportunities for venture capitalists. Also, be aware that the investment risks, goals and processes inherent in a venture capital are not synonymous with the EB-5 visa process. Advisably, consult an EB-5 attorney for further analysis before you proceed.

• Charles Foster

  Immigration Attorney

  Answered on August 11, 2016

  In terms of obtaining your permanent residency, assuming you do not have a relationship with an immediate or close family member who is a U.S. citizen or lawful permanent resident, your options will most certainly be through employment or investment. If as a venture capitalist you are in any event going to make a substantial investment of at least $500,000 or more in a new enterprise that will create 10 or more jobs, you might want to qualify through a direct EB-5 investment. Alternatively, if you were to set up in the United States a viable branch of your current company that was to hire multiple employees, preferably professional employees, it may be possible for you to qualify as a multi-national manager. From a dependability standpoint, you could always invest in an existing business or project through an EB-5 regional center.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 11, 2016

  You want to investigate the E-2, depending on your nationality, and if you can wait about two years, maybe the EB-5 will work for you.

• Matthew T Galati

  Immigration Attorney

  Answered on August 11, 2016

  EB-5 generally requires a personal investment. Direct EB-5 (as opposed to the regional center program) requires U.S. hiring by a company you own. If you are investing only company money to create jobs, or the jobs are being created by a company that is not a wholly owned subsidiary of your company, EB-5 sounds unlikely. You would need an immigration attorney to review your background and qualifications in a comprehensive consultation to go over the options. With some creativity, there may be a route to a green card available now or in the future based on your current role.

• Shahzad Q Qadri

  RC Creator

  Answered on August 11, 2016

  If structured correctly, you can certainly apply for an EB-5. However, there may be other options available.

• BoBi Ahn

  Immigration Attorney

  Answered on August 11, 2016

  In order to qualify for an EB-5 immigrant investor visa, you need to invest your own money (not your VC firm's or client's money). You could start your own business in the United States and invest the requisite capital and create >10 new jobs; then you would qualify for the EB-5 visa. The alternative would be through a U.S. employer petitioning for your permanent residence.

• Vaughan de Kirby

  Immigration Attorney

  Answered on August 11, 2016

  The requirement, simply stated, is a new commercial enterprise that creates ten permanent jobs for United States citizens or permanent residents. This is a broad definition that may indeed encompass your concept. I recommend you meet with an investment immigration attorney to go over your business and immigration goals.

• Xiaosheng Huang

  Immigration Attorney

  Answered on August 11, 2016

  How about an L-1A or E-2 visa?