US Immigration Visas : Non Immigrant Visas

Investment Based – EB-5 Visa

U.K. investors looking seeking a nonimmigrant visa may choose between the L1A visa and the E1 and E2 visas.

L1A visa
Where a U.K. citizen owns or controls a business in the UK, and wants to establish a branch office, affiliated company or subsidiary in the U.S., he or she may be able to use the L1A visa. The branch office must be owned primarily by the same people who owns the U.K. business. An existing U.S. company in the same line of business could be purchased. The key factor in determining whether there is a proper relationship between the foreign company and its U.S. subsidiary is whether the same owners have "effective control" over both companies. Effective control does not necessarily mean 50% stock ownership; some stock ownership, even a relatively small percentage in a large company, and a substantial degree of managerial control can establish effective control.

Once a U.S. subsidiary is created, the foreign company can "transfer" any "executive" or "manager" of the foreign company to its U.S. subsidiary. An "executive" or "manager" is someone who is in charge of the whole company, or a significant part of its operations (for example, sales or marketing). People with "specialized knowledge" necessary to open or operate the U.S. subsidiary can transfer to the U.S. on the L-1B visa, but these visas may be more difficult to obtain. L1A visa holders may extend their visas up to 7 years; L1B visa holders may extend up to 5 years. Also, L1A visa holders whose 7-year limit has been reached may re-enter the US for another full term as an L1 holder after a one-year period of absence from the US. Another major benefit which the L1A Visa has is that the L1A visa holder can obtain permanent residency, a "green card", once the U.S. subsidiary has existed and been profitable for one year. If the foreign company buys an existing U.S. company, the one year time period includes the years the U.S. company has been in business.

If you want to establish a U.S. business that is not connected with an overseas company, you should consider the E visas.

Treaty Visas – E visas
The U.S. has signed treaties with the U.K. designed to promote trade and investment. U.K. citizens can obtain visas to work in the USA in order to develop and direct their investment in and/or trade with the U.S. There is no limit as to how long you can remain in the U.S. in E status, but you must renew that status about every two years. This is not a permanent visa and you will be entitled to remain in the U.S. for so long as you run the business. If you qualify under another visa category for a permanent visa you may adjust status while in the U.S. There are two types of these visas: 
._{^{an E1 visa if the U.S. business is based on trade or in all other cases use an E2 visa}}.

E-1 Treaty Trader Visas The E-1 Treaty Trader Visas are available to U.K. citizens entering the U.S. solely to carry on substantial trade, (generally the import/export of a product but also including trade in services or trade in technology). There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a Treaty Trader. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the U.S. to manage the trade, and at least 50% of the Trader's exports/imports must be between the U.K. and U.S. At least 50% of the ownership of the trading firm must be in the hands of U.K. citizens and so long as they are U.K. citizens, owners, managers, executives, or "essential" positions are eligible for E-1 visas.

The E2 Treaty Investor: U.K. citizens who have made a significant investment in the U.S. may qualify for E2 Treaty Investor status. Like the E1 visa, there is no set minimum level of investment which may qualify for E2 status, but the lower the investment the less likely one is to qualify. If you wish to retire and live in America, you should consider an E visa investment under you must develop and direct a business you own. The US does not have a retirement visa category. The E visa is as close as it gets.

To qualify as a Treaty Investor (E-2) the application must evidence that:

• The investor (either a real or corporate person) is a national of a treaty country such as the U.K. 
• The investment is substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise. There is no specific cash threshold defined, but $40,000 is probably an absolute minimum, and any investment below $100,000 would need a very strong case to support it. 
• The investment is a real operating enterprise. Speculative or idle investment does not qualify. In order to be 'Directing and Developing' their investment, the investor will require an enterprise that involves active management. 
• The investment is not marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States. To show this, one should show that U.S. workers are (or will be) employed. The treaties envisage more than just creating a job for the principal investor, but there is no requirement to employ a particular number of U.S. citizens. Obviously, employment of large numbers of U.S. citizens would be viewed very favorably. 
• The investor has control of the funds, and the investment must be at risk in the commercial sense. The investment must entail some risk to the investor (it may not be all in the form of unguaranteed credit). For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted. Control is considered to entail owning over 50% of the U.S. enterprise. 
• The investor is coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills. 
• That the principal investor, and any other E2 staff, are able and willing to leave the U.S. upon termination of their E2 status.