Investors & Entrepreneurs

The Nonimmigrant E-1 Treaty Trader visa permits international traders of goods, including but not limited to services and technology, principally between the United States and the foreign country of which they are citizens or nationals.

The general requirements for a treaty trader include are as follows:

• National of a country with which the United States maintains a treaty of commerce and navigation;
• Substantial trade
• Continuous flow of sizable international trade items, involving numerous transactions over time.” No minimum requirement regarding the monetary value or volume of each transaction, greater weight is given to more numerous exchanges of greater value.
• Carry on principal trade between the United States and the treaty country which qualified the treaty trader

NOTE: For these purposes, principal trade between the United States and the treaty country exists “when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country.”

The Nonimmigrant E-2 Treaty Investor visa permits investors/entrepreneurs of treaty countries to enter the U.S. in order to direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money. Additionally, certain employees of treaty traders and treaty investors (that is, those coming to engage in duties of an executive or managerial/supervisory character, or, if employed in a lesser position, having special qualifications that make their services essential to the operation of the enterprise) receive the same classification as their employer. To qualify for E-2 classification, the treaty investor must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
• Substantial amount of capital in relationship to the total cost of either purchasing an established enterprise or establishing a new one
• Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
• Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
• A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
• The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
• Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The EB-5 immigrant investor visa was initially established in 1990 to attract qualified foreign investors. Through this visa program, investors who meet capital investment requirements and job creation requirements, can obtain their lawful permanent resident status in the United States in exchange. This program seeks to stimulate the U.S. economy and qualified foreign investors must invest at least $1,050,000, or $800,000 in high unemployment or rural areas, and generate at least ten (10) full time employment positions, in order to secure their lawful permanent resident status.

In 1992 Congress then created the Regional Center Program, allowing multiple foreign investors to pool their capital investments into designated economic development programs approved by U.S. Citizenship and Immigration Services (USCIS).

Contact our office to learn if this is an option for you.