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What is the investment threshold for investor whose citizenship is of a NON-treaty country with the U.S?

Hyattsville, MD |

I want to know what the minimum amount of invesment (e.g. commercial real estate and retail business) that a foreigner of a non-treaty country needs to have in order to qualify for investor's visa. If I make an investment during my F-1 and OPT period, will the amount be different, especially when the invesment is my area of study.

Attorney Answers 5


  1. Green Card Through Investment

    Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).

    Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.

    You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual.

    For more information, see Section 203(b)(5) of the Immigration and Nationality Act (INA) and 8 CFR 204.6 (see the “INA” link to the right).

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.


  2. If no E-2 Treaty, then EB-5 is the only option. $5000,000 is the threshold. Google the EV-5 category's requirements or better yet schedule a co saltation with a local immigration lawyer.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. I agree with my colleagues.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  4. E-2 investment visa is not an option for nationals of non-treaty countries. But if the person is currently employed by the company abroad, he/she might be eligible for a new office L-1A visa with less investment that it would normally be required under E-2. More facts are required to evaluate the case and determine the right strategy/investment option.

    The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.


  5. If you seek to qualify for a green card based on investment, you will need to invest $500,000 if the investment will be made in a targeted employment area (that is a rural area OR an area of high unemployment." Otherwise, the investment must be minimally $1,000,000. The tricky part about an EB-5 investment is not the threshold amount you invest, it is proving the job creation at the end of two years. If you are going to invest in a company, make sure that 10 jobs will be created so that you can remove the conditions on the temporary green card that you will be granted.

    Alternatively, if you do not have $500,000 or $1,000,000, but you do have enough time remaining in OPT to last you through to April 1, 2014, you may want to see if you can get the company that you will invest in to sponsor you for an H-1. The key would be to show that the company has control over you even though you may be a part owner. (For example, business decisions are made by a board of directors instead of just you). Good luck!

    This information is provided for informational purposes. I cannot provide legal advice specific to the facts of your particular case without a signed contract in which you have agreed to allow me to represent you.

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