Criteria for Obtaining an Investment-Based Visa in the United States:

If you are planning to invest in the United States, you may be able to apply for an investment-based visa. There are two types of investment-based visas: the EB-5 visa and the E-2 visa. For each type of visa, there are specific criteria that must be met.

EB-5 Visa:

The EB-5 visa is a permanent residency visa that requires a capital investment in a for-profit U.S. business. To be eligible for the EB-5 visa, you must meet the following criteria:

1. Investment in a qualifying U.S. business: You must invest at least $1,800,000 in a new commercial enterprise, or $900,000 if the business is located in a Targeted Employment Area (TEA). The investment must be in a for-profit business that creates or preserves 10 full-time U.S. jobs for at least two years.
2. Source of investment capital: The funds invested must come from a lawful source, such as personal savings, inheritance, or a loan. The funds cannot come from illegal activities such as money laundering or drug trafficking.
3. Job creation: The capital investment must create or preserve at least 10 full-time U.S. jobs for qualified U.S. workers. The jobs must be created within two years of the applicant’s admission to the U.S. as an EB-5 investor.
4. Direct or indirect investment: The investment may be made directly by the investor, or through a regional center. A regional center is an entity designated by the United States Citizenship and Immigration Services (USCIS) to sponsor projects that meet the requirements of the EB-5 program.

E-2 Visa:

The E-2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States based on an investment in a U.S. business. To be eligible for the E-2 visa, you must meet the following criteria:

1. Investment in a qualifying U.S. business: You must invest a substantial amount of capital in a U.S. business. There is no minimum investment amount, but the investment must be sufficient to ensure the success of the business.
2. Ownership of the U.S. business: The investment must give you at least 50% ownership of the U.S. business. Alternatively, you must have operational control over the U.S. business.
3. Nationality: The investor must be a citizen of a country that has a treaty of commerce and navigation with the United States.
4. Substantial investment: The investment must be substantial in relation to the total cost of the business. Additionally, the investment must be in a bona fide enterprise, that is, a real, active, and operating commercial or entrepreneurial undertaking.
5. Non-marginal investment: The investment must have the capacity to generate significantly more income than just to provide a living for the investor and the investor's family, or it must have a significant economic impact in the United States.

Limitations and Exceptions:

It is essential to note that obtaining an investment-based visa is not guaranteed, and there are limitations and exceptions to the criteria provided above. For instance, there are specific requirements for the business itself, which must be met to qualify for an investment-based visa.

Further Action:

If you are considering an investment-based visa, it is recommended that you seek the advice of an experienced immigration attorney. The attorney can assist you with determining the best course of action and help guide you through the complicated immigration process. Additionally, they can help you identify any potential issues or limitations that may prevent you from obtaining the desired visa, and recommend possible strategies to address them.