3. Wants to move to the U.S. and work within the country
in the next 6 months.
Questions to ask:
1. How many employees work at your company in country X?
2. Do you currently work at your company in country X?
3. Are you willing to set up a business in the U.S. and hire
multiple American employees within one year?
THE O-1 VISA ROUTE
The O-1 visa is for “individuals with an extraordinary ability
in the sciences, education, business, or athletics.” 4 The
most successful O-1 visa applications will be from those
who have years of experience and commendations for their
work in a certain industry. For those who have a successful
career history and would like to be a partial owner of a
business within the same industry, the O-1 visa may be a
nice option.
direction is listening to their goals. Are they interested
in buying a business? Do they currently have a business
outside of the U.S. they have no interest in selling/
abandoning? Do they have an incredibly successful (and
well-documented) work history? Are they interested in
permanent residency, or are they more interested in a
temporary stay? Where are they from? How much money
do they have to invest in a business? All of these answers
should guide you in the right direction.
Once you and your client choose the best visa for them,
it’s time to connect with an attorney who regularly handles
the specific visa your client is interested in pursuing. Much
like the EB-5, each of these options has so many nuances
and potential pitfalls. It’s prudent to at least consult with
an attorney who has recent and regular experience with the
EB-5 alternative you client chooses. This attorney can give
you information about the specific requirements and can
speak with the clients to let them know how to proceed.
Great for a potential client who:
1. Has a work history of “extraordinary ability” within the
sciences, education or business.
2. Is OK with having a U.S. business partner, a board of
"The most successful
O-1 visa applications
will be from those who
have years of experience
and commendations for
their work in a certain
industry"
directors or someone else within the company who can
hire/fire your client.
3. Is interested in moving to the U.S. within in the next 6
months.
Questions to ask:
1. Do you have any publicity regarding your business
experience? (Blog inter views, newspaper ar ticles,
television interviews, etc.)
2. Do you have any other ways to prove your “extraordinary
ability” within your field of expertise?
3. Are you willing to have a U.S. business par tner or
someone else who can hire and/or fire you?
NEXT STEPS
The EB-5 alternative immigration options are vast. The
most important part of leading your clients in the right
36
EB5 INVESTORS M AGAZINE
Angie Rupert
is a Los Angeles-based
immigration attorney specializing on
E-2 investor visas. She is the founder of
Rupert Law Group, a law firm that focuses
exclusively on E-2 visas. She has helped
clients from all over the world get E-2 visas
and run businesses in the United States.
Rupert is well-versed in complicated cases
with a proven track record on approval
rates.
Sources:
1
https://fam.state.gov/fam/09FAM/09FAM040209.html
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/
fees/treaty.html
3
https://www.uscis.gov/working-united-states/temporary-workers/l-1a-
intracompany-transferee-executive-or-manager
4
https://my.uscis.gov/exploremyoptions/o1_visas
2