If you have capital to invest in a U.S.-based business, you could qualify for an E-2 “treaty investor” visa. In order to qualify, you must be coming to the U.S. in order to:
- Engage in substantial trade in qualifying activities, principally between the U.S. and a participating country, called a “treaty country“
- Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital
What are qualifying activities? The opportunities are broad and can include things like:
- International banking
In addition, you must meet the following qualifications to be a treaty investor:
- You, either as a person, a partnership or a corporate entity, must be a citizen of a treaty country.
- If you are considered a business, at least 50% of the business must be owned by nationals of the treaty country.
- You must make a substantial investment of funds or assets that is committed and irrevocable and which are sufficient to ensure the successful operation of the enterprise.
- The investment must go to a real operating enterprise, not a paper organization or speculative investment.
- The operation must generate significantly more income than would be required to provide you and your family with a living, or it must otherwise have a significant economic impact on the U.S.
- You must have control of the funds and the investment must be at risk in the commercial sense. You cannot secure the investment with loans against the assets of the enterprise.
- If you are not the principal investor, you must be considered an essential employee who is employed in a supervisory, executive or highly specialized skill capacity. You must be coming to the U.S. to develop and direct the enterprise.
You can apply for this visa through Form DS-160, the online nonimmigrant visa application. You will need to upload a photo. You will generally need to be interviewed by a consular officer in the country where you live. There is a $205 non-refundable application fee.
If you have substantial capital to invest in a U.S. business, you could be eligible for an E-2 treaty investor visa. For more information and assistance with your application, contact Yew Immigration Law Group. We have years of experience helping people come to live and work in the United States.