New York City Immigration Lawyer Discusses Investor Visas

The United States frequently engages in business with other countries around the world. This requires foreign businessmen and women to come to the United States for many reasons. In order for them to do so, they must obtain a visa that gives them the right status. An investor visa lets trade exist between different countries by allowing investors from different countries to come to the United States as self-employed individuals. Investor visas are also known as a treaty visa and an E Visa.

Benefits of an Investor Visa

There are many benefits to acquiring an investor visa. It is the only visa available that allow foreign individuals to be self-employed within the country. In addition to this, the visa holder’s spouse and children are eligible to apply for an employment authorization visa during their stay. An investor visa does not require previous work experience or a degree. It also allows individuals to remain in the country indefinitely.

There are no limitations to the number of investor visas that can be issued. They do not need the approval of the USCIS and can be filed directly with the consular post. These visas can be issued for up to 5 years and can be extended in five-year increments as long as the individual remains qualified.

Types of Investor Visas

An investor visa is also called an E Visa. There are two types of E Visas. An E-1 Visa is for an employee of a treaty trader. This employee maintains trade between the United States and the treaty country. The individual must be a national of this treaty country. There are several requirements to receive a visa for this trade:

  • Must be a traceable exchange between the U.S. and the treaty country
  • The trade must be international and involve goods, services, and money
  • Trade must already exist between these countries with ratified trade treaties
  • A minimum of 50% of the international trade conducted by the trader must be between the U.S. and that treaty country
  • There must be an ongoing flow of transactions over time
  • The income from the trade should support the trader and their family
  • The employee can hold a managerial or supervisory position or possess certain essential qualifications (particular skills or experience) to the business
  • The owner of the enterprise must be a national of the foreign state and own at least 50% of the company

An E-2 visa is available for investors of enterprises. In order to qualify for this visa, the applicant must be in the process of investing or have already invested in a United States enterprise. Other requirements consist of:

  • The individual must not only have possession of the investment, but they also need to have control of it
  • The investment is required to be completely committed to the United States enterprise and is subject to a certain degree of loss if the investment is not successful
  • The capital must be the individual’s unsecured personal business capital or capital secured by personal assets

Contact our Firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.