To obtain an investor visa in the United States, foreign nationals must meet certain requirements under the Immigration and Nationality Act (INA) and the regulations governing nonimmigrant visas. Specifically, they must meet the requirements for the E-2 visa, which is the most common type of investor visa.
- Firstly, the applicant must be a national of a treaty country that has a treaty of commerce and navigation with the United States. The full list of treaty countries can be found on the U.S. Department of State's website.
- Secondly, the applicant must show that they have invested or are actively in the process of investing a substantial amount of capital in a bona fide U.S. enterprise. The investment must be sufficient to ensure the successful operation of the enterprise and must also put the investor's own capital at risk. There is no fixed dollar amount for a substantial investment, but it must be proportionate to the total cost of either purchasing an established enterprise or creating a new one. The investment must also generate more than a marginal return on investment, which means it must have the capacity to generate significant income.
- Thirdly, the applicant must be coming to the U.S. to develop and direct the enterprise. They must have at least 50% ownership or control of the enterprise, or possess operational control through a managerial position or other corporate device.
- Finally, the applicant must be able to show that they intend to depart the U.S. upon the expiration or termination of their E-2 visa status.
It is important to note that the investor visa category is highly regulated and subject to many restrictions and limitations. Additionally, it is highly recommended to seek the guidance of an experienced immigration attorney to navigate the complex requirements and procedures involved in obtaining an investor visa.
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