10. IMMIGRATION OPTIONS FOR INVESTORS, EMPLOYERS, AND EMPLOYEES
For foreign investors looking to expand into the U.S., securing the appropriate visa for themselves and their employees is a critical factor in ensuring business success, legal compliance, and long- term stability. Whether an individual is investing in a business, launching a new venture, or hiring foreign workers, understanding U.S. immigration requirements is essential to structuring a viable operation. Beyond choosing the right business entity, foreign business owners must also navigate immigration laws and work authorization requirements, which impact their ability to actively manage their company or employ international talent. These requirements include:
(i) Ensuring proper visa sponsorship procedures for employees.
(ii) Complying with wage and labor laws when hiring foreign workers.
(iii) M aintaining the corporate structure and operational requirements for investor and self-employment visas. Choosing the most suitable visa strategy depends on business objectives, investment levels, and long-term residency plans. Some visas allow for temporary business activity, while others lead to permanent residency for the investor and their family. Additionally, visa requirements vary based on factors such as the investor’s nationality, the industry of operation, and whether the company will employ U.S. workers. Shumaker’s dedicated immigration team specializes in guiding foreign investors, business owners, and employers through the complexities of U.S. visa applications. From assessing eligibility and structuring visa petitions to ensuring full compliance with immigration regulations, our team provides comprehensive support at every stage of the process. Below, we outline some of the most common visa options available for investors, business owners, and employees. However, the best immigration strategy is highly case-specific, requiring careful planning and legal guidance to align with the investor’s business structure and long-term goals. 10.1 Investor Visas Foreign investors seeking to start or acquire a U.S. business may qualify for specific visa categories that allow them to live and operate in the U.S. while managing their investments. Below are some of the most common options: 10.1.1 E-2 Treaty Investor Visa (i) Available to nationals of countries that have a treaty of commerce with the U.S. Examples of countries that have an E-2 treaty with the U.S. in 2025 include Germany, Canada, Mexico, Switzerland, and the United Kingdom.
(ii) Requires a substantial investment in a U.S. business, though no minimum amount is specified (generally $100,000+ is advisable).
(iii) The investor must actively develop and direct the business.
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