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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108326
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an International Student and My Friend And I Opened and

Customer Question

Hi ,
I am an International Student and My Friend And I Opened and established a us company and we are planning to Employ 10 people. Do I qualify for the EB 5 Visa or Green card ? "
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 10 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Was your investment at least $1,000,000?

Or was it at least $500,000 and in a target employment area?

Customer: replied 10 months ago.
Our business is phone app similar to snapchat and Instagram and we steblished an LLC company and we spent money on developing the programe and we have Arround 250 in cash right now
Expert:  Jen Marie, Esq. replied 10 months ago.

Ok thank you, ***** ***** need to know if you invested at least $1,000,000?

Or was it at least $500,000 and in a target employment area?

Customer: replied 10 months ago.
Is that include the amount that we apent in the project too
Expert:  Jen Marie, Esq. replied 10 months ago.

It is all the money that you have invested into the business.

Customer: replied 10 months ago.
Is there any way we can get a Visa that will open up a path for The Green Card with an investment of
250 000 $
Customer: replied 10 months ago.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. Did you opt Jennifer out? Not sure why her question has popped up on the open question forum. What country are or countries do you and your friend have citizenship in?

Customer: replied 10 months ago.
Saudi Arabia , Senegal
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Senegal will work, Saudi Arabia will not work as it is not on the list:

https://travel.state.gov/content/visas/en/fees/treaty.html

Do both of you have citizenship in Senegal?

Customer: replied 10 months ago.
No, we never know each other before we met in USA while studing and we estblished our company in USA and we want to hire people and correct our stauts
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

So you only have citizenship in Saudi Arabia and your friend has citizenship only in Senegal?

Customer: replied 10 months ago.
Yea
Customer: replied 10 months ago.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Then unfortunately, an E-2 is possible for your partner if he owns 50% or more of the business, but not for you. For your friend, while the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status.

Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment. If your friend individually has around $200,000 or more to invest, he should be good to do.

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

If you own a business outside of the U.S. for more than 1 year and will continue to run that business, you can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership and here is where you may be able to partner with your friend) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die:

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

So basically, your friend gets the E-2 and you get the L-1A. Later on, that may lead into a green card for you under EB-1C:

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

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Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Mohammed. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.

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