Trump’s Proposed Gold Card – Not The Only Option For Investors

President Donald Trump has announced plans to introduce a “Gold Card” visa program aimed at wealthy foreign investors to boost the US economy. The initiative would replace
the existing EB-5 immigrant investor visa, offering a path to U.S. citizenship for those willing to pay $5 million.
Although the Gold Card may be beyond the reach of small investors, there are other more affordable options available like the E2 visa. For as little as $50,000 to $100,000, the E2 visa allows the visa holder to work and enter the US to invest in a US business.
General qualifications for an E2 visa include among other things, be a national of a country with which the US maintains a treaty of commerce and navigation; invest, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the US; and seek to enter the US solely to develop and direct the investment enterprise. The Philippines is a treaty country.
USCIS closely scrutinizes the source of funds for the E2 enterprise. The investor must have acquired funds from lawful sources. The business must also have the capacity to make significant economic contribution such as employing US workers.
Benefits of E2 Visa: Spouses and children under 21 years qualify for dependent visas; The ability for a spouse to work in the US for any employer; Unlimited renewals or extensions, potentially for the rest of an applicant’s life; Quick processing times; and Ability to transition to a Green Card at a later stage. The E2 investor can also bring employees from their home country to work at the business enterprise.
Potential pathways for an E2 visa holder to transition to a Green Card:
1. Transitioning from E2 to L1A visa through an intracompany transfer. If you own a business in your home country and open a US branch or subsidiary, you may qualify for an L1A visa.
2. Transitioning from E2 to Gold Card. E2 visa holders can use their existing business and investment to meet the Gold Card requirements. By expanding their business operations and increasing their investment, they can apply for a Gold Card and move towards permanent residency.
3. Transitioning from E2 to EB-2 /NIW. Another pathway is through National Interest Waiver (NIW) under the EB-2 category. To qualify, the E2 investor must demonstrate that their work or business will benefit the national interest of the US. The main advantage of an NIW petition is the investor can self-petition thus eliminating the need for a US employer sponsor.
Although the E2 investor visa does not provide a direct pathway to a green card like the Gold Card does, it is more appealing to small investors looking to expand their business in the US.
On the other hand, even if you are not an investor, there are multiple avenues available to individuals who intend to immigrate to the US. One of these options is the F-1 student visa which provides a pathway to permanent residency. We will cover this topic in detail in our next article.
Gita Avantsa
Chief Immigration Counsel
800 E Northwest Hwy, Suite 205, Mt. Prospect, IL 60056 Tel: (847 449 8660
Email: info@usimmigrationgroup.org