Investing in a U.S. business to obtain a visa can be a smart path toward living and working in the United States, but it is important for those interested in this opportunity to understand that it is associated with legal and financial risks that require careful consideration.
Whether you are pursuing an E-2 treaty investor visa, an EB-5 immigrant investor visa or another business-related immigration option, the structure and success of your investment will directly affect your visa eligibility and long-term plans. With so much at stake, it is important to employ an informed approach to better ensure that your investment supports—not jeopardizes—your immigration goals.
Thoughtful, informed approaches are more likely to succeed
One of the primary risks you’re facing is choosing the “wrong” business. Not every U.S. business qualifies for an investor visa. For example, under the E-2 visa program, an investment must be substantial and placed in an active, operating enterprise. Simply buying a passive interest or investing in real estate will not meet the requirements. The business must also generate enough income to support more than just the investor and their family. Investing in a failing or mismanaged business could result in a denial of your visa or future renewal issues.
For EB-5 visas, the requirements are even stricter. Investors must contribute a minimum of $800,000 in a targeted employment area or $1,050,000 otherwise, and the investment must create at least 10 full-time jobs for U.S. workers. If these jobs are not created within the required timeframe, your green card status could be at risk. Due diligence on the business and its projections is essential, and investors should not rely solely on the business owner’s promises.
You must also maintain visa compliance after your investment. For E-2 investors, this includes actively directing and developing the business, not just acting as a silent partner. Immigration officers will examine your level of involvement, the business’s operations and ongoing profitability during renewals. Falling short in these areas can result in a denial of an extension or change of status.
Finally, it’s worth noting that scams targeting foreign investors are common. Some fraudulent enterprises promise fast visa approvals or guaranteed green cards in exchange for large investments. These claims are misleading. Immigration decisions are made by U.S. government officials, not business owners or brokers and no outcome is guaranteed.
Buying into a U.S. business for visa purposes is a significant commitment. If you seek legal guidance proactively and employ an informed approach, it can open doors to new opportunities. But without careful planning, it can lead to serious setbacks. You’ll want to move forward cautiously as a result.