EB-5 business visa in the USA: how to get it


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IMPORTANT Starting from May 12, 2021, the only option to obtain a US visa for Russian citizens is to submit documents with a personal interview abroad. On our information resource you will find detailed information about current visa application options. We also recommend studying the stages of obtaining a visa abroad.

Pros of doing business in the USA

Business habits

Americans are often informal. Business is often conducted over breakfast, lunch or dinner. Business entertainment can take place at casual events such as the opera, sporting events, or even in personal homes.

Legal environment

The use of litigation in the United States to resolve business and other disputes is well known. However, the risk and cost of litigation is not a barrier to doing business in the United States. Alternative dispute resolution methods such as arbitration and mediation are gaining popularity. And although litigation has increased in the US, most businesses operate successfully for many years without any litigation.

Import and export

The United States is a party to the General Agreement on Tariffs and Trade and several other international economic associations. The United States is an active exporting and importing country. Exports of goods and services totaled $625 billion in 1996; its imports amounted to $818 billion.

North American Free Trade Agreement

In 1992, Canada, Mexico and the United States entered into the North American Free Trade Agreement (NAFTA). The agreement will reduce or eliminate tariffs, export taxes, duties, customs duties and other trade barriers between the countries, so that when the agreement is fully effective, businesses in the two countries will be able to transport goods in any direction across the three borders without tariffs. Implementation of NAFTA began on January 1, 1994.

Government Policies and Incentives

The federal government allows investment in the US based on the country's needs. This treatment generally treats foreign capital on the same basis as US capital. Any investment in the United States must be made on the basis of sound commercial practices, as foreign investors are not afforded tax or other special privileges.

Foreign businesses operating in the United States are eligible to receive the same federal government-funded business assistance (such as Small Business Administration programs) available to domestic operators and the same basic tax treatment. Many state and local governments offer aggressive incentives to attract foreign business to their specific area. Such incentives typically include income and property tax breaks, financing, and sometimes the opportunity to purchase or lease existing equipment at significantly reduced prices.

Labor and political relations

Working Americans don't resent foreign ownership of businesses unless jobs are at risk. Conversely, if foreign investment creates jobs, foreigners are welcome. Some politicians have occasionally expressed concern about foreign investment in the United States, but there are no major investment restrictions for foreigners.

E-VISA IN USA

1. Biographical page of the investor's passport and family members, marriage certificate and birth certificates of the investor, his or her spouse and children;

2. A story about the investor's past income history, current profession/business, history of how he/she formed investment funds;

3. Documentation showing that the investor has the income level or has accumulated sufficient financial resources to make an EB-5 investment and is on the US financial statements for the investor or his business.

4. Biographical information or resume of the investor;

5. Investor’s academic degree, if any;

6. Professional licenses from relevant foreign or domestic authorized bodies;

7. Recent bank statements showing personal savings;

8. Tax reporting for the last 5 years for each country in which the investor earned money and/or filed tax returns. If the income was earned in the years prior, the tax returns with the highest income levels must be reported. In cases where a company makes taxes on behalf of its employees, company records must be provided to show that such filings were made on behalf of the investor;

9. If the funds are received from an enterprise owned by the investor, the investor must provide: a) Tax returns for the relevant enterprise for the last 5 years b) Audited financial statements or audit report c) Printouts of the website d) Marketing/ advertising materials e) Business licenses/registration documents f) Media coverage of the business g) Bank statements for the business h) Documentation confirming ownership or position in the company i) Share certificates indicating the percentage of ownership j) Documentation relating to the acquisition of the enterprise, and the funds spent on the acquisition k) Documentation relating to the sale of the enterprise and the proceeds from the sale

10. If funds are received from wages from the employer: a) Pay stubs b) Employment confirmation letter from the employer confirming the position, salary and length of service c) Employment contracts or job offer letters d) Bonus letters or stock options e) Letters describing promotions

11. If funds are received from the sale of real estate: a) Documentation of the purchase and sale of real estate b) Valuation of real estate c) Leasing documents confirming rental income d) Acts and documents on the pledge of property

12. If funds are received from the sale of stocks or bonds: Statement of securities account if the money comes from stocks/bonds/trading a) Documentation of purchase and sale

13. If funds are received by inheritance, all documents relating to the transfer of inheritance;

14. If funds are received as a result of a lawsuit or divorce proceeding: a) All documents related to alimony b) Documents regarding the resolution of property issues c) Awards or decisions related to civil actions

15. If funds are received from a lottery or gambling, then relevant documentation regarding the winnings;

16. If the funds are a gift from a family member: a) The above documents relating to both the donor and the investor b) Affidavit of Gift explaining the reason for the gift and how the donor earned the corresponding funds; c) Documentation of the relationship between the donor and investors, such as birth certificates, marriage certificates, etc. d) Tax records demonstrating payment of applicable gift taxes.

Types of American visas

According to the National Bureau of Economic Research, immigrants now start 25% of new businesses in the United States. In more diverse states like California and New York, the percentage is even higher.

  • B1 – Short-term business visa.

Description: It is not permitted to sign contracts or perform work for hire.

Long-term: temporary, up to 6 months.

Restrictions: The person can negotiate, but cannot sign contracts.

  • B2 – Short-term tourist visa.

Long-term: temporary, up to 6 months.

Restrictions: The person can negotiate, but cannot sign contracts.

  • E1 – Business Trader Visa.

Description: Suitable for setting up a business that will trade with the visa holder's home country.

Long-term: temporary, can be extended while the business is in operation.

Limitations: Valid only as long as there is business.

  • E2 – Business investor visa.

Description: Allows a citizen of a treaty country to come to the United States to start a business.

Long-term: temporary, can be extended while the business is in operation.

Limitations: Valid only as long as there is business.

  • EB-5 – Green Card Program for Investors.

Description: Requires an investment of between $500K and $1M, must hire at least 10 US residents within 2 years and stay for more than 5 years. Leads to permanent residence after a probationary period.

  • L-1 – Intercompany transfer visa.

Description: Allows the holder to transfer from a foreign company to a U.S. company with restrictions.

Duration: one year, up to 3 extensions.

Restrictions: The employee must have worked for a foreign related company for more than one year in the past 3 years.

  • H-1B - Specialized work visa.

Duration: three years, with the possibility of extension.

Restrictions: The annual quota limits the number of visas available. Cannot be used for self-employment.

Obtaining a visa after refusalProfessional support in obtaining a visa

Contact us

List of required documents to obtain a US visa

Your foreign passport

Your internal passport

docs_1 Completed application form and photo in electronic form

docs_1 $ Receipt for payment of consular fee

docs_1 Certificate of account status, SNILS

docs_1 Documents evidencing employment

We will prepare an individual package of documents for everyone, including

For individual entrepreneurs

For students

For minor children

For pensioners

How to fill out the US visa application?

The decision to issue permission to enter the United States is made by the visa officer based on the completed application. The questions in the visa application relate to the applicant’s personal, passport and contact information, information about the upcoming trip and possible travel companions, previous visits to the state, family, and US national security. All data must be filled out in English . It is important to answer questions truthfully and as accurately as possible.

Where to start getting a business visa to the USA

Apply for a business visa

After checking the eligibility criteria and determining the category you fall into, it's time to apply for your visa. Temporary visitors coming to the United States for business or travel are granted a visitor visa.

To do this, you must complete Form DS-160, the online application for a nonimmigrant visa.

Fill out Form DS-160

Form DS-160 must be completed online and submitted on the portal itself. To access the form, visit the Consular Electronic Application Center website. From the drop-down menu, select the country you are applying from (your home country).

Before you begin your application, make sure you have all the required information and documents. Scanned copies of your passport, business registration, invitation documents, travel itinerary, and the dates of your last five visits to the United States are requested.

Pay visa fees

All applicants must pay a fee for this visa either by credit card or other form of online banking. You must also pay a visa fee, which varies from country to country. Be sure to save your receipt after your payments have been processed.

Interview Schedule

Every applicant between the ages of 14 and 79 is required to undergo an interview at the US Embassy. If you fall into this age category, you must schedule an interview after completing the online application. Call the embassy to schedule one. They will then send you a confirmation email indicating the time and date of your interview.

How to apply for a tourist visa to the USA?

If you manage to get to the interview, you must provide the following mandatory list of documents, which remain unchanged:

  • Visa application;
  • Foreign passport (the validity of which should not expire earlier than 6 months from the date of application);
  • Photo 5x5.

To increase your chances of getting a visa, you need to prepare absolutely all the documents you have for the interview. In this situation, it is better to play it safe and back up any words you say with relevant papers. This is the only way to increase the already low probability of receiving an American visa. In addition, there may simply not be a second chance, so you need to approach preparation for the interview with all responsibility.

Prepare documents

Once your interview is scheduled, you need to collect the necessary documents. You must submit these documents to support your application.

Documents that are usually required to obtain a business visa:

  • Form DS-160, confirmation page and barcode,
  • Your valid passport,
  • Social media accounts you currently use
  • Interview confirmation letter,
  • Photos that match the visa photo,
  • A letter indicating the purpose of your visit,
  • Bank statements,
  • Documents detailing ties to your home country (real estate, employment contracts, leases, bonds),
  • Criminal or biographical information,
  • Documents detailing previous visits to the US (if you have already been to the US),
  • Pay slips for the last three months (if you are working),
  • A letter from your employer detailing the visit.

Aspects of receiving

There is a dubious opinion among Russians and Ukrainians. They think that permission to conduct their business in America is possible only under certain conditions.

For example, that American companies will see their future partner in your business or in you specifically. However, this is not quite true. It is not necessary to get the attention of businessmen and entrepreneurs from the United States. You can get a business visa to the USA without this.

You may be the owner of a large company that is planning to enter the American market or try to start your own business in this country.

Aspects specified in the invitation

So, if you are invited to the USA for a business meeting, then the following aspects should be specified in the invitation:

  • Who exactly invited you? This should indicate the name of the legal organization or a specific person who is interested in collaborating with you or your company. If an error is found in this paragraph, then you will have to contact the person who invites you and ask for a corrected copy of the documents.
  • The specific purpose of your visit to the States. This could be anything related to business: business negotiations, concluding contracts, getting to know the partner’s work, etc.
  • When applying for a business visa, you must indicate who will pay for your trip and accommodation in the United States. In this case, you need to discuss in advance with your partner who will pay for you. In any case, you need to provide any document that will show your well-being. Even if your business partner pays for everything, you will still need to take about $500-$1,500 with you on your trip.
  • You may also be invited to some business exhibition. In this case, both parties will have to make some adjustments to the terms of the agreement. The documents that will be submitted to obtain a visa must be slightly adjusted. For example, be sure to include all the necessary information about the exhibition. What is it dedicated to, when will it take place, for whom is access to this exhibition open, etc.

Advantages and disadvantages of business visas to the USA

Benefits of B1 and B2 visa to USA

While a business or tourist visa to the United States can take more than 8 weeks to process, the US B1/B2 visa has significant benefits.

First, your US business and tourist visa remains valid for up to 10 years after it is issued, and you can take up to 180 days to enter the United States once you are there. So, you have plenty of time to make sure you are ready to go to America.

Another big advantage is that this is a multiple-entry visa. This means you can enter and leave the country as needed as long as the visa is valid, as long as you bring supporting documents and your passport.

Benefits of the E-2 visa

Allows foreign investors from more than 75 countries that have signed an investment treaty with the United States to create, develop and operate a business of their choice in the United States.

There is no set minimum investment required. The regulations only state that investments must be sufficient to develop a successful non-marginal business.

However, a significant initial investment must be at least $150,000+ to develop the proposed business in accordance with Department of State criteria.

Dependent children under 21 years of age may attend the school of their choice in the United States, but they are not eligible for a work visa.

E-2 visa holders can remain outside the US for an indefinite period of time and still re-enter the US with their visa while it is valid; and in many states, children of E-2 visa holders are eligible to attend public universities in the state until they are no longer considered an E-2 dependent at age 21.

Disadvantages of the E-2 Visa

E-2 visa extensions are usually denied if the business is struggling or struggling.

E-2 visa holders may only work in the investment business that served as the basis for the E-2 visa application. They must leave the US if their business fails, even if their E-2 status there has not expired.

Children are no longer eligible for a dependent visa when they turn 21 and must qualify for another visa (student visa or specialty visa) if they wish to remain in the US.

The E-2 visa, which is a nonimmigrant visa, does not lead to permanent residence.

E-2 visa holders are not eligible to receive benefits that permanent residents enjoy, such as the household exemption, eligibility for federal insurance student loans, certain types of financial aid, and college scholarships, among others.

Who can apply for a US visa?

At the moment, the issuance of visas to the USA and Russia has not been suspended, but only those citizens who meet the following conditions can apply for it:

  • No more than eleven months must have passed since the expiration of the previous visa;
  • Fingerprints must be submitted at the same place where you will receive your visa;
  • An expired visa will be renewed in the same country in which it was issued.

If a citizen does not meet any of the listed requirements, then he will not be able to obtain a visa, since the acceptance of applications is already closed. In addition, citizens who managed to submit an application, but did not pass the interview, will not be able to obtain a visa in the same way as all citizens. And at this time there is only one way to obtain it - by visiting a country that is still conducting interviews for a visa. But here, too, you will have to face a problem - since there are more and more applicants, countries are beginning to provide a schedule according to which they accept citizens. It is not difficult to guess that a large number of applicants create huge queues and generally slow down the entire work of embassies in other countries. This raises the possibility that countries will partially or completely restrict interviews for foreign citizens in order to relieve the system and process applications from citizens of their country first.

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