Investors & Entrepreneurs

At the southern California law offices of Wilner & O'Reilly, APLC, our experienced and expert immigration lawyers help investors and entrepreneurs enter the country temporarily as treaty traders or treaty investors, or obtain immigrant visas for permanent residency to create or invest in Regional Centers or make other investments in qualifying commercial enterprises.

EB-5 Permanent Residency Based Upon Investment

EB-5 is the fifth (and final) employment-based immigration preference. The purpose of the EB-5 is to allow immigration for the purpose of investing in a new commercial enterprise or a troubled business. In general, the investment must be at least $1,000,000, or at least $500,000 in a targeted rural area or area of exceptionally high unemployment. Each category has further eligibility requirements regarding matters such as the number of jobs that will be created or maintained, and the level of involvement the investor will have in the day-to-day management of the enterprise.

Lawful permanent residence, also known as a Green Card, can be obtained through the EB-5 preference in a self-petition process, meaning that the immigrant investor does not need to be sponsored by an employer or other individual. The process requires filing an I-526 Petition for Alien Entrepreneur as well as an I-485 application to adjust status or application for an immigrant visa through the U.S. Embassy or Consulate. Finally, a Form I-829 Petition by Entrepreneur to Remove Conditions must be filed within a certain statutory time frame.

We help immigrant investors through the entire EB-5 process, including preparing and reviewing all forms and petitions and supporting documentation, and representation as needed in adjustment of status hearings or other required administrative and legal proceedings.

Regional Centers

Investment in a business located in a Regional Center is another path to immigration. Of the 10,000 EB-5 immigrant visas authorized each year, 5,000 are set aside for people investing in Regional Center businesses. A Regional Center is a public or private economic unit involved in regional productivity such as economic growth or development, job creation, and increased investment. The requirements for the investor are similar to an EB-5 investor, in that the immigrant must invest at least $1,000,000 or $500,000 in a new or troubled enterprise within the Regional Center, and must create at least 10 new full-time jobs through the investment. Regional Centers are designated by CIS following a detailed application and approval process.

Treaty Traders

A person wishing to enter the United States in order to engage in international trade on his or her own behalf may be eligible for an E-1 non-immigrant visa. In order to qualify, the trader must be a national of a country with which the United States maintains a treaty of commerce and navigation. Employees of an eligible individual or qualifying organization may also qualify as an E-1 treaty trader under certain circumstances.

Treaty Investors

U.S. immigration policy supports investors and foreign commerce in a variety of ways, and the E-2 visa is one way the U.S. ensures health commerce with the world. A national of a treaty country wishing to invest a substantial amount of capital in a U.S. business may be admitted to the United States under an E-2 non-immigrant visa. Treaty countries are the same as for treaty traders, and as with treaty traders, certain employees of a treaty investor may also qualify for an E-2 visa. As with treaty traders, one already in the country on lawful immigration status may apply for a change of status through Form I-129; the process for someone outside the country is a little more involved.

E-2 visas can be granted on the basis of substantial investments that are below the $500,000 or $1,000,000 threshold for the EB-5 visas mentioned above. However, an investor here temporarily on an E-1 or E-2 who invests more than the EB-5 minimum amount may be able to petition for permanent immigration status.

Invest in Expert Immigration Law Assistance

Whether seeking temporary or permanent residency for the purpose of investing in and/or directing a commercial enterprise, the expert immigration attorneys at Wilner & O'Reilly can help you set your feet on the proper path and guide you through the process until you have achieved your aims. In Los Angeles and Orange Counties and around the world, contact Wilner & O'Reilly, APLC for advice and assistance with your investment-based immigration matter.