Investment-Based Immigration Attorney in Silver Spring, Maryland

EB-5 Immigrant Investor Program

The EB-5 program allows foreign nationals to obtain a U.S. green card by investing a minimum of $1,050,000 (or $800,000 in a Targeted Employment Area — a rural or high-unemployment area) in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers.

EB-5 investors may invest directly in a business they control or through a USCIS-designated Regional Center, which pools investments in larger commercial projects. The Regional Center pathway is popular because job creation requirements are broader (including indirect and induced jobs).

Our firm advises EB-5 investors on project evaluation, due diligence, source-of-funds documentation, I-526E petition preparation, conditional residence, and the I-829 petition to remove conditions. This end-to-end representation is critical because EB-5 is one of the most heavily scrutinized immigration pathways.

• Direct EB-5 investments in investor-controlled businesses
• Regional Center EB-5 investments
• I-526 / I-526E immigrant investor petition
• Source-of-funds documentation and anti-money-laundering compliance
• I-485 adjustment of status or DS-260 immigrant visa application
• I-829 petition to remove conditions on permanent residence
• Set-aside visa categories for rural, high-unemployment, and infrastructure projects

E-2 Treaty Investor Visa

The E-2 treaty investor visa is a nonimmigrant visa for nationals of countries that maintain a treaty of commerce and navigation with the United States. Unlike the EB-5, the E-2 does not lead directly to a green card, but it allows investors to live and work in the U.S. while operating their business, and can be renewed indefinitely as long as the business remains operational.

To qualify, the investor must make a substantial investment in a bona fide U.S. enterprise. There is no fixed minimum investment amount; 'substantial' is assessed against the total cost of establishing the business, typically at least $100,000–$200,000 for most enterprises.

Attorney Fogam helps clients draft business plans meeting consular officer standards, structure investment entities, prepare E-2 applications, and plan long-term residency strategies for E-2 investors who eventually wish to pursue permanent residence.

• E-2 initial visa application at U.S. embassies and consulates
• E-2 change of status for investors already in the U.S.
• Business plan preparation meeting consular officer requirements
• E-2 employee applications for managers and essential workers
• E-2 renewals and maintaining qualifying investment
• Transition from E-2 to EB-5 or other immigrant pathways

International Entrepreneur Parole

The International Entrepreneur Parole (IEP) program allows entrepreneurs of startup companies to be paroled into the United States for up to 2.5 years (renewable for another 2.5 years) if their startup has received significant investment from U.S. investors or government awards and shows substantial potential for rapid growth and job creation.

While not a visa category, IEP provides a meaningful pathway for startup founders who may not yet qualify for the O-1, EB-1A, or EB-2 NIW but can demonstrate the economic promise of their venture.

Business Immigration Strategy

The best investment immigration strategy depends on your country of citizenship, the nature of your investment, your timeline, and your long-term U.S. goals. Attorney Fogam provides comprehensive consultations to map out the full range of options — comparing E-2, EB-5, O-1, L-1, EB-1C, and other pathways to identify the most viable and efficient route to your objectives.

We also advise on tax implications, corporate structure, and regulatory compliance for foreign investors establishing U.S. businesses, coordinating with tax counsel and business attorneys as needed to provide a truly integrated advisory experience.