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 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 the Gold Card contribution be refunded?

No. The required $1 million contribution is a nonrefundable payment to the U.S. government. Unlike the EB-5 program, where qualifying investments may eventually be repaid (subject to the terms and performance of the investment), the Gold Card contribution is not an investment and cannot be recovered after payment.

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 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 the Trump Gold Card and the EB-5 visa?

The Trump Gold Card and the EB-5 Immigrant Investor Program are both pathways to U.S. permanent residence, but they differ significantly in how they work.

The Gold Card requires a $1 million nonrefundable contribution to the U.S. government (plus applicable fees). It is not an investment program - there is no requirement to invest in a business or create jobs.

By contrast, the EB-5 program requires an at-risk investment of at least $800,000 in a qualifying project located in a Targeted Employment Area (or $1,050,000 in other qualifying projects). The investment must support the creation of at least 10 full-time jobs for U.S. workers.

Another key difference is the legal framework. The EB-5 program was established by Congress under the Immigration and Nationality Act, while the Gold Card was introduced through executive action.

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.