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investor visa??

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  • investor visa??


    I have a question, my mother in law has a 10 tourist visa and she is looking to invest some money in the along with my brother in law (who doesnt have a visa) and they are wondering if it is possible to do that, does anyone know if this can be done and if yes, what are the procedures to follow?

  • #2

    I have a question, my mother in law has a 10 tourist visa and she is looking to invest some money in the along with my brother in law (who doesnt have a visa) and they are wondering if it is possible to do that, does anyone know if this can be done and if yes, what are the procedures to follow?


    • #3
      Quite lengthy, but this will surely help to address your particular concern.

      Overview of E-1/E-2 Treaty Trader or Investor Visas

      An applicant must be a national of a country that has a particular commercial treaty with the United States and must have principal investor or primary work status in the qualifying company.

      Traders and investors, their families, and qualified employees of foreign companies may be eligible for entry and work authorization as nonimmigrants under the E category.

      To qualify, applicants must provide substantial documentation regarding their investment and its source, a detailed business plan that includes information on revenue and expenses (preferably over the coming 5 year period), as well as documentation of the applicant's ability to direct the particular business or to work as a "key manager/employee" in the US branch of a foreign company (i.e., a professional level or specialized knowledge position).

      If you are a citizen of a treaty country and own at least 50% of a U.S. company, you may qualify for status as an E visa holder.

      Treaty traders (E-1 visa holders) are involved in substantial and continuous international trade in goods or services.

      Acceptable services may include international banking, insurance transportation, tourism, communications and newsgathering, among others. Over 50% of the U.S. company's trade activities must be with the treaty country.

      Treaty investors (E-2 visa holders) have made a substantial investment in a U.S. company that produces goods or services. An investment is considered "substantial" if it is capitalized sufficiently for the type of project.
      Also, the percentage of capital investment required will be higher for a small investment than a large one. For example, a consular officer may wish to see that 100% of funds are committed for a small investment of under $500,000, while for a larger investment of $1 million, 50% may be sufficient and as little as 30% may be sufficient for very large investments.

      An E business must be an active business (passive investments like real estate will not qualify) that creates employment for US workers and/or provides some other kind of substantial economic benefit to the US.

      The investor cannot just invest the capital and not take part in the actual managing or directing of the U.S. company. The investor must manage the business and must exercise controlling interest in the business.

      There is no dollar amount requirement for an E-2 visa, although "small" investment capitals are reviewed very closely by consular officers and may not qualify.

      Investments in a business that merely provide the applicant with subsistence will not qualify (for individual applicants, a detailed budget for the US will be required along with the application).

      An E2 investor must not depend on income from the investment as his/her sole source of income unless such income is far beyond what is necessary to support the principal E2 holder and his/her dependents.

      Moreover, investments in businesses that do not at least in the future intend to employ US workers (US citizens or permanent residents) are unlikely to qualify.

      Employees from the treaty country may be granted E-1 or E-2 visas if they will be engaged in executive, managerial, or supervisory duties, or if they have special qualifications that are essential to the U.S. company.

      There is no requirement that the employee have previous experience with the overseas firm, but as a practical matter the employee will have to prove that their skills are unique and cannot be matched with a short period of training.
      Also, consular officers are interested in seeing a plan for how U.S. workers will be trained to replace any employees brought from overseas.

      Family members, including spouses and children under age 21, may accompany the E-1 or E-2 treaty investor or employee to the U.S. They are not authorized to work in the U.S., unless they can qualify independently as an E-2 owner, manager or essential employee or under another visa category. Children of the E-1 or E-2 visa holder may attend public schools without any limitation through the 12th grade. They may also attend college until age 21 and pay tuition as state residents, rather than the more expensive tuition paid by nonresident foreign students.

      Application procedure depends upon whether the treaty trader or investor is able to remain in the U.S. during the process. Before an application can be filed, the investor must have a lease agreement or open escrow and have transferred substantial funds to a U.S. business account.

      Once the investment reaches this stage, many investors prefer that the application be filed with a U.S. consulate abroad. Most consular officers will review the application in advance, taking a minimum of 30-60 days, and advice whether they are inclined to approve it; the visas can then be issued after a short personal interview.

      Alternatively, the application may be filed with CIS in the U.S. However, in this situation, a second application must still be filed with the consulate abroad at the time of the investor's next trip outside the U.S. After the first visa is obtained, generally valid from one to five years, the visa may be extended in the U.S.


      • #4
        Thanks rough neighbor, you are right, is a little long, butit explains a lot


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