This visa category requires the alien to have invested the capital, or be actively in the process of investing the capital required before the visa will be issued. At a minimum, the alien must be engaged in the management of the business through policy formulation. These cases are initiated with a petition to the INS in the jurisdiction in the U.S. where the business is located. The petition takes one to two months to process. Currently this procedure takes about the same amount of time, approximately four months, for either visa processing or adjustment of status.
Permanent residence is granted for a conditional two year period.
Conditional residence will be terminated if the new enterprise was established for the sole purpose of evading US immigration laws, if it in fact was not established, the alien did not invest the prescribed capital, or the alien was not sustaining the new enterprise. INS has stated that an alien may enter into a redemption or similar agreement with an investment fund in which the seller agrees to repurchase the investor s shares in the fund at fair market value following removal of the conditions on the alien s residence. Each has its distinguishing factors. All cases require individual analysis to determine whether the status fits the situation. In instances where the E or immigrant investor status does not work, the L-1 intracompany transfer visa should be considered.