An immigrant visa is available to an alien, who has been employed outside the United States for at least 1 year in the 3 years preceding the immigration petition in a managerial or executive capacity and seeks to enter the United States to continue to render managerial or executive services to the same employer or to its subsidiary or affiliate.  If the alien beneficiary is already in the United States working for the same employer or its subsidiary or affiliate by which he or she was employed overseas, the beneficiary must establish that he or she was employed abroad in a managerial or executive capacity for at least 1 year in the 3 years preceding the most recent lawful nonimmigrant admission.  

Noncitizens or aliens, including undocumented immigrants, enjoy certain constitutional rights when they have come within the territory of the United States and voluntarily developed substantial connections with this country.  But the constitutional rights do not apply to an alien who seeks initial admission to the United States.

EB-5 immigrant investor program (employment-based fifth preference immigrant visa) is one of the paths immigrating to the United States.  Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: 1) make the required investment in a commercial enterprise in the United States; and 2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

There are different paths to immigrating to the United States; EB-1A (employment-based green card under the first preference as an alien with extraordinary ability) is one of them. No offer of employment or labor certification is required for an EB-1A petition; thus, anyone can file such a petition on behalf of an alien with extraordinary ability, including the alien himself or herself as a self-petitioner.

The E-2 treaty investor nonimmigrant US visa permits a citizen of a treaty country, with which the United States maintains a treaty of commerce and navigation, to come to the United States with substantial capital investment in a U.S. business. A treaty investor’s spouses and unmarried children under the age of 21 are eligible for E-2 dependent visas and their nationalities need not be the same as the treaty investor.