What is an Investor/Entrepreneur Visa?

For the welfare of United States businesses, the Immigration and Nationality Act created visas to nationals of countries with which the United States maintains a treaty of commerce and navigation. 

Requirements for the Investor

There are requirements regarding both the investor and the investment in order to be approved for a Treaty Investor Visa (E-2).

The following requirements apply to the investor:

• The investor (whether an individual or a corporation) must be a national of a treaty country.
• The investor must have control of the funds
• The investor must be coming to the United States to direct the enterprise. In addition to the investor, an executive or highly specialized employee may apply for an E-2 visa if s/he is responsible for directing the enterprise.
• The investor must prove that 10 or more jobs are actually created by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment.

Requirements Regarding the Investment

The following requirements must be met in order to get an investment visa:

• The investment must be substantial and must be sufficient to cover the successful operation of the enterprise. 
• The investment must be a real operating enterprise.  Speculative investments do not qualify. 
• The investment must either generate significantly more income than just to provide for the investor and family, or it must have a significant impact on the United States.

Do you need a lawyer?

Before you make a plan to invest large amounts of capital in an enterprise in the United States it would be wise to consult an attorney about the legal advantages and disadvantages in pursuing not only the investor visa, but also in pursuing the venture. An immigration lawyer will know how best to present your case to immigration officials.