Investor Visas

INVESTOR VISAS

Investor visas allow Treaty Trade partner country citizens to come to the United States and work. This is a special economic relationship that has been established by Congress between numbers of friendly countries in the world. Citizens of treaty trader countries are allowed to live and work in the U.S. using the E-1 or E-2 visa. This is a non- immigrant work visa that allows the visa holder and his family to stay in the U.S. Although the visa is not permanent, it does allow the holder and his family to stay for up to five years. The visa may be renewed after that period, and can be renewed indefinitely. There are no quota restrictions, which means that the visa is not subject to priority dates where the applicant has to wait for many years. The E visa category is for people who own businesses (or are principals in the business) that sell or buy tangible goods between the U.S. and their country. An example would be someone who imports or exports products (furniture, food etc.) between the U.S. and a Treaty Trade partner country. To qualify, more than 50% of the business must be with U.S. companies. An E visa may lead to permanent status in the future if the investment becomes large enough.

The E-1 visa is called the Treaty Trader Visa and relates to people who are coming to the U.S. to develop and direct operations of a business that will result in substantial trade between the U.S. and a Treaty Trade partner country. The applicant must be a key employee of a company that trades with the U.S. It helps if they have some investment in the company, and the although there is no official minimum investment required, the amount should not be less that $100,000 or they will not be seriously considered. Persons who are specialized managers (with lots of experience) will not necessarily need to invest. However, they would need to demonstrate that they have experience in importing and exporting products that is hard to find among U.S. workers.

The E-2 visa is called the Treaty Investor Visa and applies to people who are able to invest a substantial amount of money in an operation that will result in trade between both countries. The E-2 investor must own more than 50% of the business. The E-2 applicant does not have to work in the company as an employee, but must direct the development of the business as a director, executive or manager. The investment cannot be the only source of income for the person. The amount should be at least $100,000 to be considered. However, a person who has $250,000 will have a better chance of obtaining an E-2 visa. The amount of investment does not necessarily have to be in cash, but can include capital obligations such as bank loans, cost of inventory, and leases or real estates purchases that are an integral part of the business. In addition, the investment must be put into an operating business. Simply buying property or stocks does not qualify. If the company can make a strong case showing that a substantial number of U.S. employees will be hired as part of the operation, the E-2 is more likely to be granted.

Both the E-1 and E-2 visa can be granted in a Treaty Trade partner country or in the U.S. Those in the U.S. trying to establish a business can apply for adjustment of their non-immigrant visa to E-1 or E-2. However, they must be in legal status in order to do this. If a new treaty trader business is being established, the investor must show proof that the company has enough capital to be successful. Substantial documentation is required including a comprehensive 3-5 year business plan, incorporation papers, licenses, financial statements, proof that the capital is available, and bank accounts showing deposits. Records of inventory, advertising, insurance, and commercial leases are also necessary. It is possible to obtain an E-visa within several months, as long as all necessary documentation is in place.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this blog as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and any attorney associated with this blog.