Asked in Immigration Law for Florida

Q: What is the minimum investment for an L1A visa?

I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".

I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be enough for an approval. ($10,000)

Others claim that at least $100,000 is required for an approval, regardless of sector.

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2 Lawyer Answers

A: You may be referring to an E-2 and not the L-1A.

As to the “substantial amount “ to be invested please note the following:

“ A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one;

Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise;

Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.”

The above is stated in the USCIS website.

As you can note, an amount less than $ 100,000 can be invested in certain cases. Before you proceed in investing in any business venture, I recommend that you engage an experienced immigration attorney to assist you.

A: L1A's investment requirement is not substantial. E1/E2. L1A requires the new company to be able to support a managerial position in a year or two. In other word, the new company must not be thinned capitalized and have ability to pay for a team before it breaks even.

I would not take L1A lightly. In my opinion, L1A is one of the most complicated petition among investment-related immigration visa. I highly suggest to find a immigration lawyer specializing in business immigration.

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