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Investor Visas FAQs
Attorney Kinzy has handled investor and employment-based cases throughout his career, including E-2, EB-5, EB-1, EB-2/NIW, and O-1 matters, across industries ranging from real estate and construction to hospitality, retail, farming, and ranching. These cases sit at the intersection of immigration and business law, an area where the firm’s integrated practice is a genuine advantage. Investment thresholds and program rules change, and some adjustments are already scheduled, so we confirm current figures for your case.
What is the difference between an E-2 and an EB-5 investor visa?
An E-2 is a nonimmigrant treaty investor visa that lets nationals of certain treaty countries operate a business they have invested in; it does not by itself lead to a green card. EB-5 is an immigrant investor program that can lead to permanent residence based on a qualifying, job-creating investment. The right choice depends on your nationality, your investment amount, and whether your goal is temporary operation or permanent residence.
How much do I have to invest for an EB-5 green card?
EB-5 has a two-tier minimum: a lower amount for projects in a designated Targeted Employment Area, meaning a rural or high-unemployment area, or a qualifying infrastructure project, and a higher amount for standard projects. Those figures are set by federal law and are scheduled to adjust for inflation, so we confirm the current thresholds when we evaluate your case. Beyond the investment itself, you should budget for government filing fees and professional fees, and the funds must be lawfully sourced and fully traceable.
Do I qualify for an E-2 visa?
E-2 eligibility generally requires that you be a national of a treaty country, that you make a substantial, at-risk investment in a real operating business, and that you intend to direct and develop it. What counts as ‘substantial’ is proportional to the business. Because these cases turn on how the investment and business plan are documented, careful preparation matters.
Are there immigration options for people with extraordinary ability or advanced degrees?
Yes. EB-1 is for individuals with extraordinary ability, outstanding researchers, and certain multinational executives. EB-2, including the National Interest Waiver (NIW), can apply to professionals with advanced degrees or exceptional ability. O-1 is a nonimmigrant option for individuals with extraordinary ability. We assess which category best fits your credentials and goals.
Why use a firm that does both immigration and business law for an investor case?
Investor cases are only partly about the visa. The business structure, the source and documentation of funds, contracts, and compliance all affect whether the immigration case succeeds. Because we handle both immigration and business matters in-house, we can build the business and the petition to work together rather than coordinating across two separate firms.
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