The document outlines various immigration options for investors in the US, including non-immigrant visas like the E-1 for treaty traders, E-2 for treaty investors, and L-1A for intracompany transfers of executives; it also discusses the EB-5 immigrant visa which provides a path to permanent residency for those who invest $500,000-$1,000,000 to create 10 US jobs either directly in a business they establish or indirectly through a regional center. Requirements and processes for obtaining each visa type are explained in detail.

1. Presented by Attorney Wilka V. Toppins
Immigration Options for
Investors in the U.S.

2. Two options for investors:
• Non-Immigrant visas(NIV)
• Immigrant Visas(IV)
E1/E2
L1A
EB5NIV IV

3. Non-Immigrant Visas (NIV)
also known as Temporary Visas
• E-1 VISA TREATY TRADER
• E-2 VISA TREATY INVESTOR
• L1 VISA INTRA-COMPANY-TRANSFER

4. Temporary Visas (NIV) E-1 VISA- TREATY
TRADER
The Immigration and Nationality Act (INA) and immigration regulations define
an E-1 visa visitor as someone:
• Entitled to enter the United States under the provisions of a treaty
between the United States and the foreign state of which he or she is a
national;
• Coming to the U.S. solely to carry on trade of a substantial nature,
including trade in services or trade in technology;
• Working either individually or as an employee of a foreign person or
organization;
• Engaged in trade that is international in scope and principally between the
United States and the foreign state of which he or she is a national; and
• The individual intends to depart the United States upon the expiration or
termination of E-1 visa treaty trader status.

5. Requirements for E-1 Visa
Trade with an Authorized E-1 Visa Treaty Country
• To qualify for E-1 visa status, the treaty trader must engage in trade between the
U.S. and an Authorized E-1 Visa Treaty Country.
• The trade must be based on an existing relationship involving the international
exchange of items. For example, the parties have already entered into successfully
negotiated contracts prior to the time of the E-1 visa application.
• The E-visa treaty trader’s business must conduct over 50% of its international
trade with the U.S. A common example of this scenario is where goods are
manufactured in Canada and shipped to the U.S. facility for marketing and selling
them in the U.S.
• The remainder of the trade (which must constitute less than 50%) may be
conducted as domestic or international trade with other countries. As long as more
than 50% is conducted between the foreign country and the United States, the
remainder is of no consequence with respect to E-1 visa eligibility.

6. Steps to obtain an E-1 Visa
1. Application at U.S. Consulate
2. Inspection at U.S. Port of Entry
3. Extension and Validity:
• Extensions of E-1 visa status may be granted in increments of two years
• There is no limitation on the number of extensions of stay that may be
granted.

7. Temporary Visas(NIV)- E2 (Treaty Investor)
The Immigration and Nationality Act (INA) and immigration regulations define an
E-2 visa visitor as someone who is:
• Entitled to enter the United States under the provisions of a treaty between
the United States and the foreign state of which he or she is a national;
• Has invested or is actively in the process of investing a substantial amount of
capital in a bona fide enterprise in the United States;
• Coming to the U.S. solely to develop and direct the enterprise; and
• The individual intends to depart the United States upon the expiration or
termination of E-2 visa status.

8. Requirements for E-2 Visa
• National of an Authorized E-2 Visa Treaty Country
• Investor must develop and direct a Bona Fide
Enterprise
• Enterprise May Not Be Marginal
• Investment Capital must be considered at risk with the
objective of generating profit
• Capital must be used to make payments in the form of
leases or rents for property or equipment, inventory on
hand, etc.
• The investor must be in possession of and have control
over the capital invested

9. Steps to obtain an E-2 Visa
1. Application to U.S. consulate.
There is no need to submit a primary petition with U.S.
Citizenship and Immigration Services (USCIS).
2. Attend the Consulate Interview
3. Enter the U.S.
4. Extension and Validity:
• Extensions of E-2 visa status may be granted in
increments of two years
• There is no limitation on the number of extensions of
stay that may be granted.

10. Temporary Visas (NIV)- L1A ( Executive
or Specialized Manager Transferee)
An intra-company transfer is an individual who, within three years preceding
his application for admission as an L-1 to the United States, has been
employed abroad continuously for one year by a parent, affiliate or subsidiary
of a U.S. company. The individual must be coming to the U.S. to render his
services in a capacity that is managerial, executive or a position that involves
specialized knowledge.

11. Requirements for L-1A Visa (employer)
• In order to qualify for L-1 status, the foreign company where the L-1
applicant works must meet the qualifying relationship of either parent,
branch, affiliate or subsidiary. The company must also be, or will be,
doing business as an employer in the United States and in at least one
other country directly or through a qualifying organization for the duration
of the beneficiary’s stay in the United States as an L-1.
• There must be common ownership and control of the two companies.
• Foreign company must continue to conduct business outside of U.S.
• Intra-company transfer must be temporary

12. Requirements for L-1A Visa (employee)
• The individual must be coming to the U.S. to render his services in a
capacity that is managerial, executive or a position that involves
specialized knowledge
• The employee must have worked abroad for the overseas company for a
continuous period of one year within the three years immediately preceding
his or her admission to the U.S.
• The employee must be coming to the U.S. to provide service in an
executive or managerial capacity for a branch of the same employer or one
of its qualifying organizations
• The employee must be qualified for the position by virtue of his or her prior
education and experience

13. Steps to obtain an L1-A Visa
• Application to USCIS
• Consular processing (if outside the U.S.) or
Change of Status (if inside the U.S)

14. Immigrant Visa (IV)-EB5
also known as Permanent Visa/Green Card
EB5 is a federal USCIS visa category that allows a foreign national to apply to
obtain legal permanent resident status for himself and his immediate relatives
(spouse and unmarried children under 21 years only) as a result of the
investor making an investment of either $500,000 USD or $1M USD into a
qualified EB5 investment project in the United States which investment results
in the creation of 10 US jobs.
 In EB5-there are two options available to investors;
 1) indirect investment and
 2) direct investment

15. Indirect Investment (Regional Center)
• Investor must generally invest $500,000 into a certified
Regional Center.
• Non-Passive, Investor must manage the business
however management is on a very limited basis and
investor need not reside near location of the Business.
• A Conditional Green Card will be issued to the
investor, spouse and children Under 21.

16. Direct Investment
• Investor must purchase or start a Non-Passive
Business.
• Investor may invest into an existing business.
• The Investment must be at least $1million or $500,000
in qualifying locations.
• Non-Passive, Investor must manage the business.
• The Investment must create at least 10 new U.S jobs.
• Conditional Green Card will be issued to the investor,
spouse and children Under 21.

17. Questions?
Wilka Toppins, Esq.
1235 North Loop West
Suite 308
Houston, TX 77008
713-621-8588
www.toppinslawfirm.com