Investor Visa

If you are a foreign national investor or entrepreneur, there is a very good chance you are looking into doing business here in the United States. Fortunately, under certain circumstances, you may qualify for an immigrant investor visa. Please continue reading and contact our experienced New York City immigration attorneys to learn more about immigrant investor visas and how Katona & Associates, PLLC can help you through the process.

There are several steps you must take, as well as qualifications you must meet to obtain an immigrant investor visa here in the United States. First, you will have to prove that you are an immigrant investor who is looking to engage in new commercial enterprises within the United States that will benefit the U.S. economy through job creation and capital investment. From here, you must then invest at least $1 million USD in a qualifying commercial enterprise or $500,000 USD in a “high-unemployment or rural area” that is considered a targeted employment area. That being said, if your qualifying investment does not create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, or other immigrants who are legally authorized to work in the U.S. within two years, you will most likely lose your visa.

The first step to obtaining an immigrant investor visa is, of course, applying for one. You will have to file Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS. Once USCIS approves your application, you must then apply for an immigrant visa at a U.S. Embassy or Consulate outside the United States.

Immigrant investors or entrepreneurs are often very pleased to learn that in many cases, certain family members may also apply for these immigrant visas as well. Generally, spouses and minor unmarried children under the age of 21 can apply. However, you should note that if approved family members are part of your business, they will not count towards the 10 full-time jobs you must create within two years.

Applying for an immigrant investor visa is an incredibly document-heavy process, which is why it is always best you retain the services of an experienced immigration attorney who can ensure you have properly completed all the necessary documentation. Some of the documentation you will need is as follows:

• Proof that you are not, and never will be a public charge to the United States. This means that you may not apply for various public benefit programs, such as income maintenance, Supplemental Security Income, most forms of Medicaid, Supplemental Nutrition Assistance Program, certain housing programs, or Temporary Assistance to Needy Families.
• Your passport, and if your family is also applying, their passports as well.
• Form DS-260, Immigrant Visa and Alien Registration Application
• Medical Examination Forms: The panel physician will give you these once you’ve completed your medical examination and received all the necessary vaccinations.
• Two photographs for proof of identification.
• Your birth certificate(s)
• Marriage certificates
• Petitioner documents

Once it is determined that you have provided sufficient documentation, you may schedule a medical examination, of which you must undergo before sitting down for your interview at a U.S. Embassy or Consulate. These medical examinations are fairly standard, though you will have to receive several vaccinations before you are deemed admissible into the country. As long as everything checks out at your exam, you should be ready for your interview. Our firm can help you prepare for your interview and ensure you bring all the necessary documentation with you.

When you are finally granted your immigrant investor visa, you will receive a passport and a sealed packet containing the various documents and information you’ve provided. You are not to open this packet–once you enter the United States, a U.S. immigration official will open the sealed packet. Additionally, you should know that you must enter the United States before the date provided on your visa.

If you are looking to obtain an immigrant investor visa in the United States, Attorney Katona is here to help. Our firm understands how lucky this country is to do business with ambitious, highly competent foreign national investors and entrepreneurs, which is why we are ready to assist you through every step of the investor visa process. For the legal assistance you deserve, simply contact Katona & Associates, PLLC today.