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E2 Treaty Investor
Requirements
A national of a country with
which the United States maintains a treaty of commerce and
navigation who wishes to go to the United States 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, may qualify for a nonimmigrant
Treaty Trader or Treaty Investor visa.
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The investor, either a real
or corporate person, must be a national of a treaty country.
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The investment
must be substantial. It must be sufficient to ensure the
successful operation of the enterprise. The percentage of
investment for a low-cost business enterprise must be higher
than the percentage of investment in a high-cost enterprise.
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The investment must be a real
operating enterprise. Speculative or idle investment does
not qualify. Uncommitted funds in a bank account or similar
security are not considered an investment.
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The investment may not be
marginal. It must generate significantly more income than
just to provide a living to the investor and family, or it
must have a significant economic impact in the United
States.
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The investor must have
control of the funds, and the investment must be at risk in
the commercial sense. Loans secured with assets of the
investment enterprise are not allowed.
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The investor must be coming
to the U.S. to develop and direct the enterprise. If the
applicant is not the principal investor, he or she must be
employed in a supervisory, executive, or highly specialized
skill capacity. Ordinary skilled and unskilled workers do
not qualify.
UK residency required for
British applicants
The controlling treaty between
the U.S. and the United Kingdom requires that E-2 visa
investors be "inhabitants" of British territory in Europe.
According to the treaty, this term means "one who resides
actually and permanently in a given place, and has his
domicile there". Therefore, a British applicant must prove
domicile in the United Kingdom.
How to apply
An
applicant for a Treaty Investor (E-2) visa must first
establish that the investment enterprise meets the
requirements of the law. It is impossible to specify the
exact form the evidence should take since applicants'
circumstances vary greatly. E visa applicants will be required
to appear in person before a consular officer for a visa
interview, but only after the trading enterprise or
investment company has been registered with the Treaty Visa
Office.
"Substantial" Investment
defined
This is where Grant's knowledge on
the E-2 Treaty Investor Visa in invaluable. He knows what
works and what doesn't. His personal experience and
business and investment knowledge, and the cumulative
successful experiences of those he has shared it with,
have helped many UK nationals to obtain E-2 Visas.
Grant knows there is no absolute test in determining whether
or not an investment is ‘substantial’.
Regardless of what you may have read, no fixed dollar amount
has been set for what is considered ‘substantial’. General
guidelines have however been issued and a series of tests
are theoretically applied to determine whether an investment
is ‘substantial or not’. The key requirement is
that the investor be bringing a benefit to the local economy
in which he is operating. This is the spirit in which the
requisite treaties have been passed.
So if you are a United Kingdom
national thinking about Florida and all it has to offer, check
out the free E2 visa information on this web site. (Many
sites on the internet offer "E2 Visa Kits" - for a fee!
The United States of America, under the Freedom of Information
Act, has made the basic information, as well as the forms
needed, readily accessible online - for free.) Then
contact
Grant for his help. There is no cost and no obligation.
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