E-2/EB-5 VISA

Treaty Investor (E-2)

1. Overview

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act. For a list of participating countries, select Treaty Countries.

 

2. Requirements

Treaty trader applicants must meet specific requirements to qualify for a treaty trader (E-1) visa under immigration law. The consular officer will determine whether a treaty trader applicant qualifies for a visa.

  • The applicant must be a national of a treaty country.
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
  • The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade.
  • The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. 

 

3. Required Documentation

Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law, and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose. The applicant can expect the consular officer to request additional documentation, to make a determination about eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant.

 

Investment Visa (EB-5)

1.Overview

The EB-5 Investment based immigration Program is designed for those investors with sufficient resources to petition themselves and their families for Permanent Residency.

The U.S Government has consistently supported the EB-5 program in its ability to add to the U.S economy both financially and in terms of job creation.

As a Summery, the EB-5 program is divided into two major areas:

 

2. EB-5 Investment Green Card (Traditional Direct Program)

  • Permanent Residency/Green Card program.
  • Investor must purchase or start a Non-Passive Business.
  • Investor may invest into an existing business.
  • The Investment must be at least $1million or $500,000 in qualifying locations.
  • Non-Passive, Investor must manage the business.
  • The Investment must create at least 10 new U.S jobs.
  • Conditional Green Card will be issued to the investor, spouse and children Under 21.
  • Processing Time: 9 to 15 months.

 

3. EB-5 Investment Green Card (Regional Center Program)

 Regional Centers are Private Businesses that allow multiple investors to assist them in expanding their Business objectives. Regional Centers are generally low in risk and will afford the investor a low return on investment and generally the ability to re-coupe investment in 5 to 6 years.

  • Permanent Residency/Green Card program.
  • Investor must generally invest $500,000 into a certified Regional Center.
  • Non-Passive, Investor must manage the business however management is on a very limited basis and investor need not reside near location of the Business.
  • A Conditional Green Card will be issued to the investor, spouse and children Under 21.
  • Processing Time: 9 to 15 months