Immigration services
Investor Visa Lawyer in Houston
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If you want to start or buy a business in the United States, you need the right visa first. Herrera Law Firm works as your investor visa lawyer in Houston for a short-term or a long-term stay.
Investors and entrepreneurs face different challenges than people in the family immigration process. The process is complicated and takes a lot of time, especially if it is new to you. Without experience, you risk errors that could lead to the denial of your visa request.
What investment immigration is and who it is for
Most investors come to an investor immigration attorney because they want to start or purchase a business in the US. Running that business means working in the United States, and that requires a visa.
The US rules for investors make sense. They make it easier to invest in the United States and to create jobs.
E-2 and EB-5 at a glance
- E-2 visa. This is the only appropriate option for investments of $500,000 or less, provided that you are from a treaty country.
- EB-5 Green Card program. This is the main alternative if you would like to invest more capital or you are from a non-treaty country.
The E-2 investor visa
When you need a lawyer and how to file
Once you have negotiated all the details and are ready to sign a contract, an E-2 visa lawyer in Houston becomes essential. The United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) both have regulations. They govern the terms your contract needs to succeed for investor status or an investor visa.
There are two ways to file:
- You can file for an investor visa with the US consulate in your home country.
- If you are in the United States on a visa, you can apply for an adjustment of status through your investment.
Why filing inside the US first can help
Filing for an adjustment of status is often a good idea if your investment is close to the USCIS or DOS minimums. In principle, the standard for evaluating investor status is the same. In practice, it frequently appears that USCIS is more willing than DOS to give investors a chance.
It is frequently a better choice to obtain investor status and build up the business for six months to a year. With the business working well, we can then reapply to USCIS or DOS with the updated financials. This way, you can have the benefit of the investor visa and the ability to travel.
Renewals and family members with E-2 status
Handled this way, E-2 investor status can be practically equal to being a lawful permanent resident. USCIS or DOS will renew the investor status or investor visa as long as you:
- own the business,
- operate it profitably, and
- have US employees.
Your spouse may also receive work authorization from USCIS, and your children may attend schools in the United States.
The EB-5 investor green card
Congress designed the EB-5 program to provide an immigrant visa for the investor and their family. It rewards a significant investment in the United States that provides full-time employment to US workers.
The program has two tiers:
- If you invest in an area where the US unemployment rate is high, the threshold is lower, presently $500,000.
- Otherwise, you must invest $1 million.
In both cases, the investment must result in the creation of 10 full-time jobs for US workers for a period of two years.
Useful resources:
Direct investment or a regional center
You can obtain an EB-5 through direct investment, such as purchasing or creating a business. However, the vast majority of investors choose to invest through regional centers. USCIS approves regional centers to develop projects that meet EB-5 job creation requirements in areas of high unemployment.
A regional center can combine your capital with that of other EB-5 investors to finance larger projects. One example is the commercial real estate development of a hotel or office building. More than 800 companies have filed with USCIS for regional center designation. Some have national projects, while others restrict their projects to a single state.
How we assess a regional center
We assess a regional center by its ability to deliver an EB-5 Green Card to the investor. We find these questions helpful:
- How many USCIS approvals of the initial EB-5 petition does it have?
- After two years, does USCIS agree, through the removal of conditions process, that the regional center created the necessary jobs?
- Has the regional center returned any investment funds to investors after they received their Green Cards?
How your case moves with an investor visa lawyer in Houston
- Visit the United States. You will usually need to come here to investigate businesses to buy or to review conditions firsthand for starting one. Investors from other countries could use the Visa Waiver Program or the B-1 business visa. Both specifically allow a visit to negotiate contracts and review business opportunities. We would normally recommend the B-1 business visa because it allows for a change of status.
- Choose the visa. Once you have reviewed the opportunities for investing, we can suggest the appropriate visa.
- Pick an EB-5 investment. For a regional center case, we can provide a shortlist of regional centers with successful immigration track records. You can then use your financial skills to analyze the proposed investments.
- File the case. We file your E-2 case, or guide you through the EB-5 process once you have chosen an investment. After an EB-5 approval, we can help you with consular processing or adjustment of status.
How Herrera Law Firm helps with investor visas in Houston
We love helping investors bring their business ideas to the United States. Attorney Hector Herrera and his team have assisted thousands of immigrants in their efforts to live and work in the United States. Every case starts with a one-hour consultation. We understand your goal, explore your options and then carry out the plan together.
Our attorneys are members of the State Bar of Texas and the American Immigration Lawyers Association (AILA). We speak English and Spanish. For Spanish speakers, contact our abogado de inmigración en Houston, Texas.
Questions about investor visas in Houston
Who qualifies for an E-2 visa?
The E-2 visa is available provided that you are from a treaty country. For investors from non-treaty countries, the main alternative is the EB-5 Green Card program.
What documents matter in an investor visa case?
Your contract comes first, because USCIS and DOS regulations govern the terms it needs. If we reapply after your business has grown, we send the updated financials.
Do I need a lawyer for an investor visa?
Errors could lead to the denial of your visa request. A lawyer is essential once you are in a position to sign a contract.
Can you help if I live outside Houston?
Clients come to us from Houston, Katy, Sugar Land, The Woodlands, Pearland, Cypress and nearby cities. Immigration law is federal, so we also represent clients in other states.
Ready to take the first step?
Book your one-hour consultation and leave with a clear plan for your case.