The permanent resident status or the EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children.
Eligible foreign nationals are those who have invested, or are actively in the process of investing the required amount of capital (which can be as little as $500,000) into a new commercial enterprise that they have established.You must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
The E-2 Visa is a non-immigrant Visa that allows foreigners to enter the U.S. with the purchase of an existing business. The investment must be significantly proportional to the total investment, usually more than half the total value of the enterprise (or, if a new business, an amount normally considered necessary to establish the business).
An investment of at least $80,000 to $120,000 is considered substantial. However, it is not fixed and there are consulates who may accept as low as $80,000, while a few demand as much as $500,000. If the investment becomes equal or greater than $500,000, you may be eligible to petition for a permanent immigration status “Green Card” via an EB-5 Visa application.
There is not a minimum amount, but the investment must be sufficient to establish or purchase a viable business. It is currently difficult to make a qualifying investment with less than $80,000 to $120,000, but it may be possible. Usually the larger the investment, the more profitable the business and the stronger the case.
Note that for small businesses, you will be expected to have invested the great majority of the purchase price in cash while some financing may be available.
You may stay on a prolonged basis with unlimited five-year Visa extensions (or two-year status extensions) as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
Yes, you may study on the E-2 Visa; however, you may not join a full-length program like with the F-1. You may take a few credits at a university when they do not harm the primary interest of the Visa.
The processing time for E2 Visas is typically four weeks from the filing of the application, but this may vary depending upon the work load within the U.S. Consulate where you have chosen to apply. However, it may take significantly longer in some Consular posts (in particular the United Kingdom, where 8 to 10 weeks is not unusual unless you fast track the application).
If you sell the business without previously buying another qualifying business, you are no longer eligible to remain in E-2 status. You must either leave the United States, or apply to change to a different status for which you do qualify.
Yes, you may apply for a Green Card While in the U.S. (subject to meeting all USCIS requirements).