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    What is an investor visa?

    A Treaty Investor visa allows nationals of certain countries (that have a treaty with the U.S.) to temporarily reside in the U.S. as a result of having made a substantial investment in the U.S. Under this law, up to 10,000 immigrant visas per year are made available to individuals who qualify and are seeking resident status based on their partnership in a new commercial enterprise.

    Alien investors are privy to an investor visa intended to create employment through the start of a new business. This visa, also known as the EB-5 visa, is broken down into 5,000 visas that are for those who apply under a Regional Center designated by the USCIS. Regional Centers are private or public entities participating in economic growth and job creation.

    To have the designation of a Regional Center, you must fall under the description defined by the USCIS as follows:

    • Demonstrate their focus is to promote economic growth via creation of new jobs, increased domestic capital investment, increased export sales and improved regional productivity
    • Concentrates on a particular area of the U.S.
    • An agency or organization that has received approval by the USCIS

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    How do I get an investor visa?

    The basic rules to obtain an E-2 Treaty Investor visa are the same for all applicants. In summary, being a national from a treaty country (for example Mexico), having made a substantial investment in the U.S. (we recommend at least $100K - but there is no set amount), having invested in a bona fide enterprise (a real commercial operation) and having made an investment that is not marginal (one that provides sufficient income to support not only the investor, but also any company employees). The application process varies depending on the rules established by every U.S. Consulate abroad.

    Usually, eligibility involves demonstrating that 10 or more jobs are actually produced by the new commercial enterprise via revenues created from:

    • Improved regional productivity
    • Increased domestic capital investment derived from the pilot program
    • Increased exports
    If you can demonstrate these requirements, you could qualify for an investment visa. Contacting a lawyer from Barbeito and Hiatt can help you through the mountain of questions and help get your paperwork filed in a timely manner. Click here to find out how to contact our office.

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    What are the types of investor visas?

    In addition to the E-2 Visa, there is also an investor visa called E-B5, requiring a much bigger investment, $1 Million at this time and creation of at least 10 U.S. jobs. The benefit of this visa is that a successful applicant will receive a green card at the end of the application process.

    • VISA E is the treaty-based, nonimmigrant, temporary visa that allows you to run a business that we have discussed. A unique trait of this visa is the holder of an E visa is permitted to renew it for as long as it qualifies for the visa requirements. These visa holders are also allowed to bring employees under the same visa classification to hold executive or high specialization positions. In addition, the spouse and unmarried children under 21 years of age of the main applicant can also obtain dependent E visa status. This visa also allows the spouse of the E visa holder to work in any job in the United States.
    • VISA EB-5 requires immigrants to make a substantial minimum investment of one million dollars or half a million dollars located in a rural or high unemployment area of ​​the United States. This nonimmigrant visa permits the applicant, after a two-year probationary period, to acquire Permanent Residency of the United States. Becoming a permanent resident signifies the same rights as an American citizen with the exception of the right to vote and access to certain jobs in the American government.


  • Barbeito & Hiatt

    “We wanted to make a substantial investment in the U.S. and we wanted to ensure that investment could enable us to receive visas. Contacting Barbeito and Hiatt was a clear advantage as we would not have known what paperwork to fill out or how to fill it out! They led us through the process flawlessly to help us stay and grow our business.”

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  • Barbeito & Hiatt

    “ Barbeito and Hiatt were the professionals that we needed to explain our options and help us make the right decisions for an investment visa. Without them, we could have made errors that would have cost of valuable time and money. ”

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507 N Sam Houston Pkwy. E Suite 530
Houston, TX 77060
(281) 809-7500
(281) 808-6099
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