The best option for starting or purchasing a business with a moderate investment.
This nonimmigrant visa is available to individuals who wish to enter the U.S. solely to develop and direct the operation of a business in which the individual has invested or is actively in the process of investing a substantial amount of capital.
Applicants must be owners of the business to be established, provided their country of origin has an agreement with the U.S.
At least 50% of the shares of the company to be created or acquired must be held by the applicant.
The investment must be active. This means that the money invested must be used to produce actual goods or services.
For example: an investment in a plot of land would not be considered active, but if the investment were accompanied by a proposal for developing plans with the authorities and construction contracts, it would be active. It is recommended that the investment be made before submitting the application.
USCIS and the Department of State allow the use of a trust account to protect the applicant in the event of a visa denial. Evidence that the investment will be active must be presented, and this can occur when purchasing an existing business.
Investors must manage the company and exercise controlling interests in the business. (It is recommended that the investment be made before submitting the application.)
The investment must be substantial. No amount is defined; USCIS and the Department of State require that the amount invested be proportional to the total value of the business, or that the amount invested be proportional to the total value of the business, or that the amount typically considered necessary to establish a viable business in that field. The law does not specify a minimum or maximum investment.
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