Fong Ilagan, LLP

Business Immigration

What is Business Immigration?

United States immigration law allows people who have talents that are needed in the U.S. to be allowed to work here on a permanent or temporary basis. If an individual wants to file for permanent residence, there are five general types of business visas. These types of visas are ranked in priority of need in the U.S. by the economy and employers, as established by Congress. Immigrants with these types of visas would be able to live and work here for as long as they would like so long as they do not commit any deportable offense.

Our attorneys are highly experienced with:

  • Business visa cycle—starting, operating and developing a business in the United States
  • Employment-based immigration for physicians, researchers, and medical professionals
  • Extraordinary ability
  • Outstanding professors and researchers
  • International executive or upper-level manager
  • National Interest Waiver
  • Employment creation investor – regional center
  • Employment creation investor – direct investment
  • PERM – Labor Certification


To qualify as a legal immigrant investor, there are specific requirements that must be met, including the following: 

  • Capital of $500,000-$1,000,000 USD in a targeted employment area
  • Create full-time jobs for at least ten U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the U.S.Other requirements may apply, depending on the visa you are applying for.
  • While filing for different visas may vary, filing for the EB-5 usually takes less than a year. It is typically shorter than applying for a green card, which can take up to a year or two.
  • A conditional green card allows you to live and manage your business in the U.S. so long as you meet the conditions of an EB-5 visa. Once you have met the requirements, you will be able to obtain permanent residency.
  • A new commercial enterprise identifies as a brand-new, original business or an existing business that was purchased so that it expands to 140% of its pre-investment net worth.