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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
There is a need for exclusivity and certain requirements/criteria for participants' outstanding achievements to be included in a professional organization.
It is important to demonstrate the rating and scale (reach) of the media, and additional expertise can also be used.
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.
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.
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.
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.
An Operating Agreement is an internal document that outlines your LLC’s ownership structure, management roles, profit distribution, and other key operational rules. While not legally required in most states, having one is highly recommended, especially for foreign investors. It helps prevent disputes, protects your business interests, and gives you greater control than relying on state default rules.
A registered agent is a person or company designated to receive official legal documents and state correspondence on behalf of your LLC or corporation. Most U.S. states, including Florida, require every business entity to appoint a registered agent with a physical address in the state where the company is registered.
For foreign investors and non-U.S. residents, a registered agent is essential since it ensures you receive important notices, such as lawsuits, tax reminders, and annual report deadlines. We provide registered agent services, ensuring your company stays compliant and in good standing.
The main difference between an LLC (Limited Liability Company) and a Corporation lies in their ownership structure, taxation, and compliance requirements:
Ownership & Structure – An LLC offers a flexible structure with “members,” while a Corporation has shareholders, a board of directors, and more formal management requirements.
Taxation – By default, LLCs benefit from pass-through taxation, meaning profits are taxed only once on the owners’ personal returns. Corporations are typically subject to double taxation (profits are taxed at the corporate level and again when distributed as dividends), although S-Corp elections may change this.
Compliance – LLCs require fewer formalities, such as annual meetings or shareholder minutes, while Corporations must follow stricter reporting and governance rules.
For many foreign investors and small businesses, an LLC is often the more flexible and cost-effective choice, while Corporations may be better suited for companies seeking outside investors or planning to go public.
No, you do not need to be a U.S. citizen or resident to form a company in the United States. Foreign entrepreneurs and investors can register an LLC or corporation in most states, including Florida, Delaware, and Wyoming. However, you’ll need a registered agent with a U.S. address and, in most cases, an EIN (Employer Identification Number) to operate legally and open a U.S. business bank account.
The exact answer depends on the State of formation but generally a company can be formed within a few days.
For most foreign entrepreneurs, the best state to form an LLC is usually where the business will operate, hire employees, or generate revenue. However, Delaware, Wyoming, and Nevada are popular for tax advantages, strong privacy protections, and business-friendly laws. If you plan to operate primarily in Florida, forming a Florida LLC is often the most practical and cost-effective option.
Yes, foreign investors can open a U.S. business bank account, but banks require you to have an EIN and sometimes request that you visit a U.S. branch in person. We can assist you with obtaining an EIN, preparing required corporate documents, and connecting you with banks experienced in working with international clients.
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.
After forming an LLC, you must keep it compliant with federal and state regulations. Common requirements include:
Filing annual reports and renewal fees
Maintaining a valid registered agent
Keeping accurate operating records
Meeting tax obligations at both federal and state levels
In Florida, for example, LLCs must file an Annual Report by May 1st each year to remain in good standing.
Pass-through taxation means your LLC’s profits and losses “pass through” directly to the owners’ personal tax returns, avoiding the double taxation that applies to traditional corporations. This is one of the main advantages of forming an LLC in the U.S., especially for foreign investors looking for a simpler and more tax-efficient structure.
In most states, you do not need to have a personal U.S. address to form an LLC or corporation. However, you are required to appoint a registered agent with a physical address in the state where you register your company. We provide or connect you with a registered agent services to ensure you meet all legal requirements and receive official documents on time.
Yes, you can open your U.S. LLC from abroad and many foreign investors successfully manage their U.S. companies remotely. With online banking, virtual offices, and cloud-based business tools, you can handle most operations without being physically present. However, depending on your industry, you may need a local representative or U.S. business license. Also some possible tax implications have to be considered.
We recommend working with our team of experienced business formation attorneys to ensure that your company is structured correctly, complies with all state and federal regulations, and is set up to support your business and tax goals.
The cost of forming a company in the U.S. depends on the state and the type of entity you choose. Because every business has different needs, we offer tailored legal packages designed to provide the right level of support for your company formation and ongoing compliance.
Yes. While verbal agreements can sometimes be legally binding, having written contracts is strongly recommended in the U.S. A well-drafted contract clearly defines the rights, obligations, and responsibilities of all parties involved, helping to prevent disputes and protect your business interests. Our attorneys prepare customized contracts tailored to your industry and goals.
Yes. We assist entrepreneurs, investors, and businesses with drafting, reviewing, and negotiating a wide range of U.S. business contracts, including:
Operating and shareholder agreements
Supplier and vendor contracts
Service agreements
Contractor agreements
Terms and conditions
Differences in contract law, jurisdiction, and dispute resolution procedures may make a European contract invalid or impractical for use in the U.S. Our team helps review, adapt, or redraft your contracts so they meet U.S. legal requirements while protecting your interests.
Forming a Company in the U.S. offers many advantages, especially when handled by an experienced attorney:
Proper legal structure – Ensure your corporation is formed in the right state and meets all compliance requirements.
Tailored agreements – Lawyers draft customized documents that reflect your ownership structure and business strategy.
Limited liability protection – A correctly structured company shields personal assets from business debts and claims.
Tax efficiency – An attorney can guide you on taxation and help you choose the most beneficial tax structure.
For foreign investors and European entrepreneurs, forming a company through a U.S. business lawyer ensures your company is legally compliant and aligned with your expansion plans.
To form a corporation in the U.S., you must file Articles of Incorporation with the Secretary of State in your chosen state and complete several legal steps, including:
Choosing a unique corporate name
Appointing a registered agent
Issuing shares to shareholders
Drafting corporate bylaws
Obtaining an EIN (Employer Identification Number)
We recommend working with our team of experienced business formation attorneys to ensure that your company is structured correctly, complies with all state and federal regulations, and is set up to support your business and tax goals.