E-1, E-2, E-3, EB-5, & L-1 visas

Business & Investment Visas

Build, Invest, and Expand in the U.S.

Having a solid background in property and estate planning, and associated commercial experience, Tracy is well positioned to assess and advise on business and commercial immigration pathways. She files all types of business, investment, and employment immigration petitions, as well as family petitions for US immigration. The scrutiny of evidence is essential in successful US immigration, particularly considering the dynamic nature of US immigration law.

As a seasoned attorney, Tracy is renowned for demanding the highest standards of evidence from her clients, to ensure the submissions of petitions are convincingly motivated for each case.

Understanding Your Visa Options

EB-5 high net worth individual investment visas both direct investment into your own business or into a regional center. The EB-5 visa is a U.S. immigrant visa that allows foreign nationals to obtain a green card by making a qualifying investment in a U.S. business. To qualify, an investor must typically invest $1.05 million in a new commercial enterprise, or $800,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment. The investment must also lead to the creation or preservation of at least 10 full-time jobs for U.S. workers.

There are two primary pathways for EB-5 investment: direct investment, where the applicant actively manages or oversees the business, and regional center investment, which is a more passive option managed through government-approved regional centers. The EB-5 program provides a direct route to permanent residency for the applicant, their spouse, and unmarried children under 21, making it a popular choice for high-net-worth individuals seeking long-term relocation to the United States.

The E-1 visa is a non-immigrant visa that allows individuals from certain treaty countries to enter the United States to engage in substantial international trade. This trade must be primarily between the U.S. and the applicant’s home country, and it can include goods, services, or even banking and technology exchanges. To qualify, the applicant must be a national of a treaty country and demonstrate that at least 50% of the trade of an established foreign business is conducted between the U.S. and that country.

E-1 visa holders can live and work in the U.S. to oversee or carry out the trade activities, and they may be accompanied by their spouse and children. The visa is typically issued for up to two years and can be renewed indefinitely as long as the trade continues. While it does not directly lead to permanent residency, the E-1 visa offers a flexible and renewable option for businesspeople actively engaged in cross-border trade with the United States.

The E-2 visa is a non-immigrant visa that allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter and work in the U.S. based on a substantial investment in a U.S. business. To qualify, the investor must have invested, or be actively in the process of investing, a significant amount of capital in a bona fide enterprise in the United States. The investment must be substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one, sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise, and of a magnitude to support the likelihood that the investor will successfully develop and direct the enterprise.

The E-3 visa is a special U.S. work visa exclusively available to Australian citizens seeking to live and work in the United States in a specialty occupation. A specialty occupation typically requires a bachelor’s degree or higher in a specific field, such as engineering, finance, or IT. To qualify, applicants must have a valid job offer from a U.S. employer and meet the educational or experience requirements relevant to the position. The job must also qualify as a specialty occupation under U.S. immigration standards.

The E-3 visa is initially granted for up to two years and can be renewed indefinitely in two-year increments, as long as the applicant continues to meet the requirements. Spouses and children may accompany E-3 visa holders, and spouses are eligible to apply for work authorization in the U.S. Unlike the H-1B visa, the E-3 has its own annual quota, which is rarely met, making it a more accessible option for eligible Australians seeking employment in the U.S.

The L-1 visa is a non-immigrant visa designed for employees of multinational companies who are being transferred to a U.S. office. There are two types: L-1A for executives and managers, and L-1B for employees with specialized knowledge of the company’s products, services, or procedures. To qualify, the employee must have worked for the company abroad for at least one continuous year within the past three years in a qualifying role.

L-1 visas allow companies to move key talent to their U.S. operations, whether to manage existing teams or establish a new office. The L-1A visa is valid for up to 7 years, while the L-1B is valid for up to 5 years, with initial stays typically granted for one to three years. This visa can also be a stepping stone to permanent residency, particularly for L-1A executives, making it a valuable option for global organizations expanding into the U.S. market.

Tracy Lee Nagle Esq.

Contact us to take the first step on your journey.

FAQ for Business, Employment and Investment Visas

Whilst the EB-5, E-2 and L-1A are the most common visas, they are not the only options available to prospective immigrants. The H-1B visa may be most prudent for you depending on your specific circumstances. It is essential to explore all options thoroughly prior to deciding, as it will impact your life profoundly.

A minimum of $1,050 000 and if you are investing in a targeted employment area then $800,000.

Among other legal requirements, you must be citizen of the country that has a signed a treaty with the USA, who invests a ‘substantial sum’ of money which originates from legitimate source, must be invested in a business that is more than ‘marginal’ in nature.

H-1B visas are capped at a certain amount annually. To qualify you must be a professional with at a least a bachelor’s degree or the equivalent and be selected in the lottery in March every year. The petition is subject to approval by the USCIS.

There must be both a profitable active foreign company and USA-based company, existing or newly formed in which case it must be projected to be a profitable company. The applicant must either be in an executive or managerial role at the foreign company and have been employed there for at least one year, or have specialized knowledge or skills, and must be able to prove an executive/managerial capacity or specialized skills.

Only Canadian and Mexican citizens who are professionals or management consultants in their field of expertise are eligible to obtain TN visas. Canadian citizens can apply for this visa at the border. However, Mexican citizens must apply at the US Consulate.

This depends on the visa concerned. For example, at present a spouse can work on an L-1 and E-2, visa but not on an H-1B visa.

An O1 or 2 visa is available for a person of exceptional ability in the arts science or business. Extensive evidence of this exceptional skill must be provided to qualify for this visa.

It is a process whereby an employer “sponsors” a green card for a possible employee through a recruitment process overseen by the US department of labor. The company must certify that there is no other suitable US citizen / legal permanent resident candidate for the position, and this results in you obtaining a green card. The process can be done without the candidate being present in the USA.

Most people need an employer to sponsor their green card process, other than in specific circumstances such as international executives, those with exceptional ability or those who can motivate that their services / expertise will be in the national interest, the latter of which is an extremely high bar of evidence to overcome. The labor certification or green process is nuanced, complex and takes time. Therefore it is important to discuss the details with your immigration attorney.

Let’s Take the Next Step Together

Reach out today to schedule your consultation and explore your visa options.

“Immigration is not just paperwork. It’s about people, families, and creating a better future. I’m here to guide you through the legal process with clarity, care, and a strategy that aligns with your goals.”

Tracy Lee Nagle, Esq.

U.S. Immigration Attorney

Tracy Lee Nagle Esq.
USA IMMIGRATION ATTORNEY

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