Each year, the USCIS awards many visas to qualified investors through the E-2 Treaty Investor classification. For the right person, the E2 treaty investor program may prove to be a great opportunity for someone to both expand their businesses into America and obtain US residency.
This visa applies to foreign nationals of “treaty countries”, in which they have to be domiciled for at least 3 years. If you are not sure whether or not you reside in a treaty country, treaty countries are those with which the US maintains a treaty of commerce and navigation. In addition to employers, companies may petition to send their employees to the United States with this investor program as well
Requirements for the E-2 visa program are simple. Chief among them is proving that the money that will be invested comes from a lawfully legitimate source. The United States government wants to ensure that the money does not come from OFAC sanctioned governments, groups, or individuals. If an investor believes that their money is ethically sourced, they don't have much to worry about so long as a paper trail with proper documentation exists. It is important to consult with an attorney during this part of the visa process, as it can make or break your case. Additional requirements include:
- The applicant must be from a “treaty country” as established earlier.
- The applicant has invested, or is actively in the process of investing a substantial amount of money in a bona fide enterprise in the United States.
- The applicant must also demonstrate that he or she is seeking to enter the United States solely to direct or develop 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.
These are the general requirements to qualify for the E-2 Treaty Investor Visa, though it is also important to consult the USCIS website in conjunction with this article to fully understand the requirements as they pertain to the specific investor.
One of the major advantages to consulting legal professionals before taking action is the increased probability that E-2 applications will be accepted. Like any program, there is not a 100% success rate in applications. However, with the right legal team at your service, investors will be able to create a competitive and compelling application.
Seek legal advice from Ramona Kennedy, our goal is to guide you with your specific case and decision regarding whether or not you qualify for TEA within the EB-5 employment visa.
Attorney Ramona Kennedy cares about your case and will fight for you.
You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge.
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