
Investment Based Visas
At Truong Legal, we specialize in guiding clients through the complexities of investment-based immigration to the United States. Whether you aim to grow your wealth, secure residency, or establish a foothold in the U.S. market, our experienced team offers tailored solutions to meet your unique goals. We provide expert assistance with a range of visa programs, including the EB-5 Immigrant Investor Program, E-2 Treaty Investor Visa, L-1A Intracompany Transferee Visa, and the EB-2 National Interest Waiver (NIW). Our comprehensive services ensure you navigate the investment and immigration process with confidence, from project selection to visa approval.
EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency (green card) for investors who contribute significant capital to a U.S. business that creates jobs for American workers. This program is ideal for high-net-worth individuals seeking long-term residency for themselves, their spouse, and unmarried children under 21.
Benefits
- Permanent residency for you, your spouse, and children under 21.
- Freedom to live, work, and study anywhere in the U.S.
- Potential path to U.S. citizenship after five years.
Requirements
Investment Amount:
– $1.05 million in a new commercial enterprise, OR
– $800,000 in a Targeted Employment Area (TEA), defined as a rural area or region with high unemployment (at least 150% of the national average).
Job Creation: Create or preserve at least 10 full-time jobs (35+ hours/week) for U.S. workers within two years of receiving conditional residency.
Source of Funds: Demonstrate that the investment capital is lawfully obtained (e.g., through tax returns, business profits, or inheritance).
Eligible Enterprises: Investment must be in a for-profit, new commercial enterprise (established after November 29, 1990) or a troubled business that preserves jobs.
Process
1. Select a Project: Choose a qualifying EB-5 project, such as a direct investment or a USCIS-approved Regional Center project.
2. Invest Capital: Transfer the required funds into the chosen enterprise.
3. File Form I-526: Submit the Immigrant Petition by Alien Investor to U.S. Citizenship and Immigration Services (USCIS) with supporting evidence.
4. Conditional Green Card: Upon approval (typically 18-24 months), attend a consular interview or adjust status to receive a two-year conditional green card.
5. Remove Conditions: File Form I-829 within 90 days before the conditional residency expires to prove job creation and obtain permanent residency.
E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa allows nationals of treaty countries to invest in and manage a U.S. business. This non-immigrant visa is renewable indefinitely as long as the business remains operational, making it a flexible option for entrepreneurs.
Benefits
- Flexibility to manage your own U.S. business.
- Renewable status for you and your family (spouse can work, children can study).
- No strict job creation requirement.
Requirements:
Nationality: Must be a citizen of a country with an active commerce and navigation treaty with the U.S. (e.g., Vietnam is not currently eligible, but investors may use dual citizenship from treaty countries like Canada or Japan).
Substantial Investment: Invest a significant amount of capital in a bona fide U.S. business (no fixed minimum, but typically $100,000+; amount varies by business type).
Active Role: Take a hands-on role in managing or directing the business (not just passive investment).
At-Risk Capital: Funds must be committed and subject to potential loss if the business fails.
Process:
1. Invest in a Business: Establish or purchase a U.S. enterprise and commit funds.
2. File Form DS-160: Submit the Online Nonimmigrant Visa Application with supporting documents (e.g., business plan, proof of investment).
3. Attend Visa Interview: Visit a U.S. consulate or embassy for an interview (processing typically takes 2-6 months).
4. Enter and Manage: Upon approval, enter the U.S. to operate the business; renew the visa every 2-5 years based on treaty terms.
L-1A Intracompany Transferee Executive or Manager Visa
The L-1A visa enables multinational companies to transfer executives or managers from foreign offices to the U.S. This non-immigrant visa suits business owners or key employees expanding operations stateside, with a potential path to permanent residency via EB-1C.
Benefits
- Ability to expand your business to the U.S.
- Spouse can apply for work authorization (L-2 visa).
- Pathway to a green card through EB-1C (multinational manager/executive category).
Requirements:
Qualifying Relationship: The U.S. and foreign entities must be parent, subsidiary, affiliate, or branch of the same company.
Employment History: Must have worked abroad for the company in an executive or managerial role for at least one continuous year within the past three years.
U.S. Role: Must assume an executive (strategic oversight) or managerial (supervising staff) position in the U.S.
Process:
1. File Form I-129: Submit the Petition for a Nonimmigrant Worker to USCIS with evidence of the qualifying relationship and employment.
2. Submit Supporting Documents: Include job descriptions, organizational charts, and proof of foreign employment.
3. Attend Visa Interview: If outside the U.S., apply at a consulate; if in the U.S., adjust status (processing takes 1-6 months with premium processing available).
4. Transfer to U.S.: Begin work in the U.S.; initial stay is up to 3 years, extendable to 7 years total.
EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa option that allows professionals with advanced degrees or exceptional ability to obtain a green card without a job offer, provided their work benefits the U.S. national interest. While not a traditional “investment” visa, it can complement investment strategies for entrepreneurs or business owners.
Benefits
- Permanent residency without a job offer or labor certification.
- Flexibility for entrepreneurs to pursue innovative ventures.
- Includes spouse and children under 21.
Requirements:
Eligibility:
– Advanced degree (Master’s or higher) or exceptional ability in sciences, arts, or business (demonstrated by achievements, recognition, etc.), OR
– A proposed endeavor with substantial merit and national importance (e.g., job creation, economic growth, technological innovation).
National Interest: Prove that waiving the job offer requirement serves the U.S. (e.g., through economic impact, job creation, or industry advancement).
Self-Petition: No employer sponsorship is needed; you can file independently.
Process:
1. Prepare Evidence: Compile documentation of your qualifications, proposed endeavor, and national interest argument (e.g., business plan, patents, economic impact studies).
2. File Form I-140: Submit the Immigrant Petition for Alien Worker to USCIS with supporting evidence.
3. Conditional Residency (if applicable): If outside the U.S., attend a consular interview; if in the U.S., adjust status (processing takes 12-18 months).
4. Receive Green Card: Upon approval, obtain permanent residency.
Why choose us?

At Truong Legal, we combine deep expertise in U.S. immigration and investment law with a client-centered approach. Our services include:
– Personalized Guidance: Tailored strategies to match your financial and immigration goals.
– Project and Business Support: Assistance in selecting viable investments and crafting compliant business plans.
– End-to-End Application Help: From document preparation to interview coaching, we’re with you every step.
Whether you’re seeking a green card through EB-5 or EB-2 NIW, launching a business with E-2, or transferring expertise via L-1A, our team ensures a seamless process. Contact us today to explore how we can turn your investment into a gateway to the United States.
Disclaimer
- The information provided on Truong Law Firm, PLLC’s website is intended for general informational purposes only and should not be construed as legal advice for any individual case or situation. While we make every effort to ensure the accuracy and timeliness of the information presented, the content on this site may not reflect the most current legal developments. Visitors should not act upon information found here without seeking professional legal counsel tailored to their specific circumstances.
No Attorney-Client Relationship
- Your use of this website or communication with Truong Law Firm, PLLC through this site does not establish an attorney-client relationship. An attorney-client relationship is only formed after a formal agreement is executed between you and Truong Law Firm, PLLC.
Frequently Asked Questions (FAQs)
Investment-based visas allow foreign nationals to obtain U.S. residency or temporary status by investing in the U.S. economy. Programs like EB-5 and EB-2 NIW offer green cards, while E-2 and L-1A provide renewable non-immigrant visas.
EB-5: $1.05 million (standard) or $800,000 (TEA).
E-2: No fixed minimum, but typically $100,000+ (must be “substantial” relative to the business).
L-1A: No specific investment, but evidence of a qualifying multinational business is required.
EB-2 NIW: No direct investment, but economic impact or job creation can strengthen your case.
Yes
– EB-5 and EB-2 NIW: Spouse and unmarried children under 21 receive derivative green cards.
– E-2 and L-1A: Spouse and children can join on dependent visas (E-2 spouse can work; L-2 spouse can apply for work authorization).
– Potential investment loss if the business fails.
– Delays or denials due to USCIS or consular processing.
– Changes in immigration laws or program requirements.
We provide expert advice on visa eligibility, investment options, and application processes. Contact us to schedule a consultation and start your journey today.