Investment

The Investment Related Non Immigrant Visa Classifications Include:

E-1 TREATY TRADER VISA

Available to citizens of countries with which the U.S. has reciprocal treaties.
(To See List Of Countries Click Here).

Issued to management personnel of firms that are doing a substantial amount of trade with the U.S.

"Trade" is defined as the exchange, purchase or sale of goods and/or services (banking, insurance, transportation, communications and data processing, advertising, accounting, design and engineering, management consulting, tourism and technology transfer)

Applicant must be employed in a managerial or executive capacity.

The firm must already be doing a substantial amount of trade by showing a continued pattern of trade transactions.

The trade must be between the treaty country and the U.S.; and such trade must be more than 51 % of the firm's total trade For most countries the E-1 Visa is granted for a five year period and may be renewed indefinitely provided the business remains active and the ownership does not change. Admission periods are granted in one-year terms.

E-2 TREATY INVESTOR

Available to citizens of countries with which the U.S. has reciprocal treaties. (To See List Of Countries Click Here).

Available to both individual investors and management employees of firms that have invested in the U.S.

The investment of a "substantial amount" of capital is required. Th term "Substantial amount" is not defined by the law, it depends on the nature of the investment.

Visa applicant must have actually invested funds or be actively in the process of investing before applying for visa.

The investment must be an "active" investment. An investment in real estate does not, by itself, qualify, although a real estate development project or sizeable real estate management company which itself owns many properties may qualify.

The business in which the investment is made must employ one or more American workers.

If the applicant is the investor, he must have control of at least 50% of the business into which the qualifying investment has been made. The applicant must be coming to the United States to work in an executive or managerial capacity.

The investment must not in a "marginal enterprise solely for the purpose of earning a living".

For most countries the E-2 Visa is granted for a five year period and may be renewed indefinitely provided the business remains active and the ownership does not change. Admission periods are granted in one-year terms.

EB-5: Employment Creation Investors. This Immigrant visa category is little used and is designed for high net worth individuals only. It allows foreign born investors who have made or can make a qualifying investment to after November 29, 1990 in a new US business at a minimum level of $500,000 (in rural area or high unemployment areas) or $1,000,000 in an urban areas. The new enterprise must also create full time jobs for at least 10 U.S. workers.

There are 4 possible definitions for the term "new commercial enterprise".

1. The creation of an original business; or ;
2. The purchase of an existing business and its simultaneous or subsequent restructuring or reorganization, such that a new commercial enterprise results, or ;
3. The expansion of an existing business through the investment of the required amount of capital which results in at least a 140% increase in the number of employees and/or net worth of the company; or,
4. The investment of the required amount of capital into a troubled business, such that the number of employees is maintained at the pre-investment level for a period of two (2) years.

The commercial enterprise may take the form of any for-profit activity formed for the ongoing conduct of a lawful business, such as a corporation, limited or general partnership, sole proprietorship, joint venture, holding company (including wholly-owned subsidiaries), business trust, etc. Non-commercial activities, such as owning personal residence, are not permitted. Investment capital may consist of cash, equipment, inventory and other tangible property of indebtedness secured by business or personal assets of the Investor.

Multiple Investors are permissible, provided each Investor seeking a visa has invested the required amount and created the required number of full-time positions.

The Investor must be in a responsible position to manage the investment either through exercising day-to-day managerial control or through policy formulation and direction.

An immigrant visa will be issued to the Investor and his/her spouse and children conditional for a two-year period.

In advance of the second anniversary of admission to the USA Conditional Green Card holder, the Investor must file necessary documentation (Form I-829) with the INS to evidence that all investment requirements have been met.