frequent questions

answers to questions
our clients

Can forming a U.S. company help me get a visa?

Yes, in some cases. Certain U.S. visas are designed for entrepreneurs and investors. For example:

  • E-2 Investor Visa – Available to citizens of treaty countries; requires a substantial U.S. investment.

  • L-1 Visa – For business owners expanding an existing foreign company into the U.S.

  • EB-5 Visa – A path to a Green Card through significant U.S. investment.

Our attorneys can help assess which business visa is right for you and guide you through the application process.

Can I apply for an O-1 visa if I am already in the U.S.?

If you are in the United States on a nonimmigrant visa, you may apply for an O-1 visa if you meet the eligibility requirements.

Can I petition for an EB-5 visa on behalf of a spouse or child so that I do not need to obtain a U.S. residence permit (green card) myself?

Yes. You can gift the funds needed for the investment to your spouse or child (usually over the age of 14) to make the investment. In this case, they may not include you in their EB-5 visa petition, which will result in you not receiving a U.S. residence permit.

Can I then transfer on O-1 to another employer?

There is no such thing as an immigration classification "transfer" from one employer to another. If you will be working for a new employer, you will still have to get a new O-1 petition approved before you can start working for that employer. But, if you have an "O-1 agent," you can use one O-1 petition to cover the service route for different organizations.

How do I figure out if my job is a good fit for NIW?

Your work should include contributions to your field that are designed to develop specific accomplishments for society.

Achievements for United States society can be in any public sector, including the economy, education, health, the environment, or other systems of society. If your work has the potential to improve the lives of people in the United States, you may qualify for this visa category.

For example, if your scientific contributions in the medical field could save lives across the country, your work could continue in the United States and be considered NIW-worthy. Or you have an idea on how to make public housing more affordable. This could be a civil engineering position or a job that creates an economically sound plan for affordable housing.

How do I know if my membership in a professional organization is appropriate?

There is a need for exclusivity and certain requirements/criteria for participants' outstanding achievements to be included in a professional organization.

How is it possible to confirm the authority of a media publication?

It is important to demonstrate the rating and scale (reach) of the media, and additional expertise can also be used.

How many letters of recommendation do I need to submit for a successful NIW petition?

Letters of recommendation will help strengthen your NIW case if they can demonstrate that you have made an impact in your field of work and that you have public references to the benefits of your work. Having these letters is not a requirement, but they can strengthen the visa case in certain cases. These letters should describe your work and your contributions in a way that can be easily understood by a non-specialist.

I am a businessman. There are a lot of media mentions about my company and its activities, will such publications be suitable?

No, such publications do not qualify for this category. All published material must relate to you personally or to your specific work in your professional field.

I am an outstanding person, can I get residency in the US?

Yes. There are two main visas for people with outstanding achievements - the O-1 visa and the EB-1A visa. If you have achieved widespread recognition in fields such as Science, Education, Business, Sports Arts, Film or Television, you should consider the O-1 or EB-1A visa.

I have no articles or publications about me, does that make me ineligible for an O-1 visa?

Not necessarily. There are other criteria for which you may qualify for a visa. You need to consider which three criteria you may fit. Note that the criteria for outstanding ability in science, business, education, sports are different from the criteria applied to the arts.

If I don't have any published media articles in my specialty, can I apply for NIW?

Yes. There are no specific requirements for published articles to apply for NIW or to receive approval. However, having such articles may make the NIW petition more persuasive.

What are the main U.S. business visas?

The main types of business visas are the EB-5, E-2, E-1, L-1, and EB-1C visas. Each of these visas allows you to open and conduct business in the U.S., but each of these visas has different requirements.

What are the requirements for the awards?
  • Evidence demonstrating that the award has been received at an international or national level;
  • Evidence demonstrating that the award was received for outstanding achievements in the field;
  • Evidence demonstrating that the award has been received.
What are the timelines for obtaining an EB-5 visa and an E-2 visa?

As of 2025, EB-5 visa petitions take approximately 1-1.5 years to process from the date of filing. The processing time for an E-2 visa depends on the country in which the applicant is interviewed, but the average processing time is 2-4 months.

What is the difference between an O-1 visa and an EB-1A visa?

The main difference is that the O-1 visa is a nonimmigrant visa that requires you to have an employer in the United States. That is, if you have an employer who petitions for your employment in the U.S. and it is approved, you can live and work for that employer in the U.S., but you will not have residency. The EB-1A visa does not require an employer, and by obtaining an EB-1A visa, you will receive U.S. residency (green card). It is important to note that the requirements for obtaining an EB-1A visa are substantially higher than for an O-1 visa.

What is the difference between EB-2 NIW visas and EB-1 visas?

EB-2 NIW does not require the applicant to demonstrate outstanding ability. This means that you do not need to meet the extremely high standards of the EB-1 visa criteria. Yes, you do need to show that you are an essential employee and critical to your field of work, but with evidence that is different from the evidence for the EB-1 visa.

What types of investment visas are there?

There are two main types of investment visas: the EB-5 visa and the E-2 visa. 

The minimum investment for an EB-5 visa is $800,000, while for an E-2 visa, it is recommended to invest more than $100,000. Although the investment amount for an E-2 visa is significantly less than for an EB-5 visa, the E-2 visa is not available to citizens of certain countries. Citizens of these countries often obtain citizenship in another country (e.g., Grenada) and apply for an E-2 visa from Grenada.

Which investment visas are immigrant visas?

The EB-5 visa is an immigrant visa; this means that by obtaining an EB-5 visa, you are granted residency (green card) in the United States. The E-2 visa is not an immigrant visa, so it only gives you the right to live and work in the U.S. for as long as your U.S. business exists.

Which visas allow you to bring your family with you?

All principal investment and business visas (EB-5, E-2, E-1, L-1, EB-1C visas) allow the inclusion of family (spouse and children under 21) in the same petition as the principal petitioner.

Will I have to continue to work in the same industry listed on my NIW case after it is approved?

Yes, you are required to work in the field specified in your NIW application because you have claimed that it will be beneficial to the national interest of the United States. If you have already received a Green Card, it is recommended that you continue to work in your field for several years.