Benefits of Migration
for Investors
E-2 Treaty Investor Visa – Main Requirements
- The main requirement is to be a citizen of a country that has a Trade and Investment treaty with the U.S., such as Colombia.
- There is no exact amount in the law, but in practice a minimum between USD $100,000 - 150,000 or more is recommended for it to be considered substantial.
- Invest in an existing business being at least a 50% owner, or create a new business where you are 100% owner.
- The business must be real and operational, such as construction for our purposes. It does not apply if you only open a bank account, purchase a lot of land or a house.
- At least one tax return (Taxes to the IRS) with profitability must have been filed to apply for the visa, and demonstrate sustained economic activity.
- The company must have the capacity to generate sufficient income to support the investor and their family.
E-2 Treaty Investor Visa – Benefits and Process
- After 5 years it can lead to a Green Card by demonstrating sustained economic activity.
- The applicant can live and work legally in the U.S. only in the company for which the petition was filed. They can travel in and out of the U.S.
- The benefit extends to the spouse (who can obtain an open work permit) and children under 21 years old (they can study in schools or universities).
- Applying at the U.S. consulate from Colombia, the process may take between 3 and 6 months.
- If applying by changing status within the U.S., it may take between 4 and 8 months. There is a Premium Processing option in 15 days with additional cost.
- Advantages: moderate investment amount, relatively short process, benefits for the family group.
- Countries with treaty in Latin America: Colombia, Mexico, Argentina, Chile, Costa Rica, Honduras, Panama, Paraguay.
- No treaty: Brazil, Venezuela, Bolivia and Ecuador.
- Other countries with treaty: Spain, Italy, France, Germany, United Kingdom, Canada, Turkey, Japan, South Korea and Australia.
- The visa is initially granted for 2 years and can be renewed indefinitely.
EB-5 Immigrant Investor Visa
- The main requirement is to invest a significant amount of money that generates employment in the U.S.
- Minimum amount: between USD $800,000 and USD $1,050,000 depending on the investment area.
- It must generate at least 10 direct jobs for U.S. workers.
- Leads directly to a Green Card and eventually to citizenship.
- Limitation: requires a high investment amount and the process may take years.
L-1 Executive or Manager Transfer
- Requires having a company in the country of origin and opening a subsidiary or branch in the U.S.
- The objective is to transfer an executive, manager or person with specialized knowledge.
- It does not require a fixed minimum amount, but a solid business plan is required.
- It can lead to permanent residency under the EB-1C category.
E-1 Treaty Trader Visa
- Similar to the E-2 visa, but focused on international trade rather than investment in a business.
- It is used when a large portion of the company’s trade is between the U.S. and the country of origin.