Logistics & Warehousing Practice
Logistics and warehousing is a very popular option for clients coming to the US.
One of the most commercially successful businesses our clients have opened in the US is warehousing.
Our Logistics & Warehousing team has in-depth industry experience, and strives to learn the intricacies of your operations. One of the most crucial responsibilities of a business is to manage efficiently, and one of the main areas that should never be overlooked is the supply chain. It is important to effectively observe the flow of products, in order to deliver faster and eliminate waste. Our Logistics & Warehousing Team are aware of the various positions your establishment will require to operate efficiently, such positions as skilled drivers, warehouse managers, distribution specialists and operation specialists. At Davies & Associates we are committed equally to learning about your operations as well as supporting your overseas expansion initiatives.
Client Profile
A high-net-worth investor from Punjab, India sought to establish a logistics and haulage business in the United States through the EB-5 Immigrant Investor Program under INA § 203(b)(5).[1] The client’s objective was to create a scalable transportation enterprise in Bakersfield, California, while meeting the statutory and regulatory requirements for lawful permanent residence.
Business Plan & EB-5 Structuring
Davies & Associates structured a direct EB-5 investment compliant with statutory capital investment and job-creation requirements under INA § 203(b)(5)(A) and 8 C.F.R. § 204.6.[2]
The operational model inlcluded:
- Acquisition of 4 heavy cargo trucks for regional freight operations.
- Employment of:
- 2 full-time drivers per truck (8 total drivers).
- A full-time dispatcher responsible for fleet logistics and DOT compliance.
- A full-time load-seller/contract manager to secure and manage haulage agreements.
This staffing structure was specifically designed to meet the EB-5 requirement to create not fewer than 10 full-time positions for qualifying U.S. workers.[3] All positions qualified as full-time employment under 8 C.F.R. § 204.6(e) and were directly employed by the new commercial enterprise, consistent with USCIS guidance for direct EB-5 projects.[4]
The investment capital was placed “at risk” in a new commercial enterprise as required under 8 C.F.R. § 204.6(j)(2) and corresponding USCIS policy interpretation.[5]
Immigration Process & Regulatory Compliance
Davies & Associates provided comprehensive representation including:
- Preparation and filing of the Form I-526 Immigrant Petition by Alien Investor pursuant to 8 C.F.R. § 204.6(a).
- Development of a compliant EB-5 business plan consistent with USCIS standards set forth in the USCIS Policy Manual, Volume 6, Part G.[6]
- Documentation of lawful source and path of funds under 8 C.F.R. § 204.6(j)(3).
- Structuring the enterprise to ensure removal of conditions eligibility under INA § 216A and 8 C.F.R. § 216.6, which require sustained investment and job creation at the I-829 stage.[7]
In addition to immigration compliance, the firm advised on regulatory alignment with federal and state transportation laws, including FMCSA registration and operational compliance, ensuring that job creation projections were credible and verifiable.
Outcome
The client succesfully:
Upon immigrant visa processing abroad, the case was adjudicated in accordance with Department of State guidance contained in 9 FAM 502.5-5(E) governing EB-5 classification.[9]
Why This Matters for EB-5 Investors
Logistics and transportation businesses can provide:
- Clear capital deployment
- Direct W-2 job creation
- Operational transparency
- Strong documentation for I-829 adjudication
When structured properly, a direct EB-5 trucking enterprise can align business scalability with immigration compliance under the governing statute, regulations, and agency policy guidance.
Davies & Associates structures EB-5 investments in essential industries such as logistics and warehousing to meet both commercial viability and immigration law requirements.
Legal Authorities Cited
Logistics and transportation businesses can provide:
- Clear capital deployment
- Direct W-2 job
- Operational transparency
- Strong documenattion I-829 adjudication
When structured properly, a direct EB-5 trucking enterprise can align business scalability with immigration compliance under the governing statute, regulations, and agency policy guidance.
Davies & Associates structures EB-5 investments in essential industries such as logistics and warehousing to meet both commercial viability and immigration law requirements.
Legal Authorities Cited
- [1] Immigration and Nationality Act (INA) § 203(b)(5), 8 U.S.C. § 1153(b)(5).
- [2] 8 C.F.R. § 204.6 (Petitions for employment creation immigrants).
- [3] INA § 203(b)(5)(A)(ii).
- [4] 8 C.F.R. § 204.6(e); USCIS Policy Manual, Vol. 6, Part G, Chapter 2.
- [5] 8 C.F.R. § 204.6(j)(2); USCIS Policy Manual, Vol. 6, Part G, Chapter 2(A).
- [6] USCIS Policy Manual, Volume 6, Part G (Investors).
- [7] INA § 216A; 8 C.F.R. § 216.6.
- [8] INA § 216A(c).
- [9] 9 FAM 502.5-5(E) (Employment Creation Immigrants – EB-5).
Frequently Asked Question
Logistics, Warehousing & U.S. Business Immigration
Can a trucking or warehousing company qualify for EB-5?
Yes. A logistics enterprise can qualify under the EB-5 Immigrant Investor Program if it meets capital investment and job creation requirements.
The business must:
- Involve a qualifying capital investment
- Create at least 10 full-time U.S. jobs
- Be a real, active commercial enterprise
- Maintain capital at risk
Direct trucking and warehousing businesses are often well-suited because employment creation is operationally necessary and clearly documented through payroll records.
Can I start a logistics company in the U.S. under an E-2 visa?
Yes, if you are a national of a treaty country.
The E-2 Treaty Investor visa allows a foreign national to:
- Invest a substantial amount of capital
- Develop and direct a U.S. business
- Actively manage operations
Logistics, freight brokerage, trucking fleets, and warehouse operations are all viable E-2 models.
Unlike EB-5, the E-2 does not require 10 jobs. However, the enterprise cannot be marginal. It must generate more than enough income to support the investor and ideally create U.S. employment.
What qualifies as a “substantial investment” for a trucking E-2 case?
There is no fixed dollar amount under E-2 law. Instead, USCIS and the Department of State evaluate whether the investment is substantial relative to the total cost of the business.
For logistics businesses, substantial investment may include:
- Purchase or lease of trucks
- Warehouse leasehold improvements
- Fleet insurance and regulatory compliance costs
- Hiring dispatch and operational staff
- Technology systems and freight management software
The capital must be committed and at risk before approval.
Can I expand my foreign logistics company to the U.S. under an L-1 visa?
Yes. The L-1 visa is often ideal for established logistics companies seeking to open a U.S. branch, affiliate, or subsidiary.
To qualify:
- The foreign company must continue operating
- There must be a qualifying corporate relationship
- The applicant must have worked abroad for the company for at least one continuous year in the past three years
- The U.S. office must support an executive, managerial, or specialized knowledge role
New office L-1 cases are common in transportation, freight forwarding, and warehousing expansion.
How does a “New Office” L-1 work for logistics companies?
If your foreign transportation or warehousing company has not yet established U.S. operations, you may apply for an L-1 New Office petition.
You must demonstrate:
- Secured physical premises in the U.S.
- A viable business plan
- Financial ability to support operations
- A credible staffing plan
Initial approval is typically granted for one year, during which the U.S. logistics operation must become sufficiently operational to support an executive or managerial role.
Is EB-5 better than E-2 or L-1 for a trucking business?
It depends on your goals.
EB-5:
- Leads directly to permanent residence
- Requires significant capital
- Requires 10 full-time jobs
E-2:
- Lower investment threshold
- Renewable indefinitely
- Does not directly lead to a green card
L-1:
- Ideal for expanding an existing foreign logistics company
- Can lead to a green card through EB-1C
- Requires qualifying foreign operations
Strategic planning is critical to determine the best pathway.
Can an E-2 logistics business later transition to EB-5?
Yes. Many investors first enter the U.S. through E-2 to launch operations and later scale the enterprise to meet EB-5 capital and job creation thresholds.
Proper structuring from the beginning helps avoid restructuring complications later.
What type of logistics businesses work best for L-1 expansion?
Strong candidates include:
- Freight forwarding companies
- International shipping and cargo firms
- Fleet management companies
- Agricultural transport operators
- Warehouse and distribution centers
- Supply chain management firms
The key is demonstrating that the U.S. entity will support a managerial or executive function rather than only day-to-day operational work.
Can I operate the trucking company myself under E-2 or L-1?
Yes, but your role matters.
E-2:
You must develop and direct the enterprise. Active involvement is expected.
L-1:
You must function primarily in an executive or managerial capacity, not as a driver or dispatcher.
USCIS carefully analyzes whether the organizational structure supports a qualifying managerial position.
What immigration risks are common in logistics cases?
Common issues include:
- Misclassifying independent contractors as employees
- Insufficient staffing to support an L-1 executive role
- Undercapitalization in E-2 filings
- Weak documentation of business viability
- Failure to properly document job creation in EB-5
Transportation businesses are highly document-driven. Immigration petitions must align with payroll records, contracts, tax filings, and regulatory registrations.
Why is logistics a strong immigration strategy sector?
Logistics and warehousing are essential industries in the U.S. economy. They provide:
- Clear operational structure
- Tangible asset investment
- Predictable hiring models
- Scalability
- Measurable compliance evidence
When properly structured, logistics enterprises can serve as powerful vehicles for EB-5 permanent residence, E-2 investor operations, or L-1 international expansion.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
| Area | Details |
|---|---|
| Education | JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training | Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice | Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms |
| Immigration Track Record | 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition | Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) |
| Professional Engagements | Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
