In order to apply for this subcategory investor visa, the businessman must be a national of a country with which the United States maintains a treaty of commerce and navigation, or that has maintained an important commercial exchange with certain sectors such as: products, services, international banking, insurance, transport, tourism, and technology transfers among others.

Although there is no minimum monetary or transaction volume required, the exchange should bring a continuous flow of revenue, for example, have several operations going at the same time. It is important the keep in mind that the commercial exchange should account for more than 50% of the total volume, making it its main business.

The applicant requesting this visa must have a supervision management profile (executive or manager) or have a special qualifications or essential skills. He must be of the same nationality as the foreign principal employer who must also be a citizen of a country in a trade agreement with the United States. These are the most common cases that immigration officials deal with when processing these types of visas. This visa is different from other subcategory visas because the applicant may apply without having to fulfil the requirement of a two year minimum stay in the U.S.

If the principal employer is not an individual but rather a business organization, 50% should belong to individuals who are within the United States and who are citizens of countries in a commercial agreements with the U.S. The applicant is required to have sufficient experience and trade-related knowledge to develop the business.

E-2, Non Immigrant Status for Treaty Investors and Employees in Management Positions (executives), Supervision Positions (managers) or those with Special Qualifications or Essential Skills.

The following requirements must be fulfilled to be eligible for this type of visa:

• Be a citizen of a treaty country with the United States

•Have invested or be in the process of investing a substantial amount of capital in a U.S. business at his own commercial risk and with the sole purpose of developing or directing an investment. This is established by showing at least 50% ownership of the company property or operational control through a managerial position or other corporate device. The investment may be any of the following: an investment in an already established company by purchasing a franchise, an investment through an inherited business in the U.S., or an investment in a newly created business that produces goods or services with the purpose of making profit.

This option is also available to employees with supervision positions (managers or executives) or with special qualifications who are of the same nationality as the principal foreign investor and from a country in a trade agreement with the United States.

If the principal investor is not an individual but rather a business organization, 50% should belong to individuals who are within the United States and are citizens of countries in a commercial agreements with the U.S.

Although there is no fixed amount which is considered substantial (as it varies depending on the type of business) it is understood that the investment must ensure the investor´s financial commitment to the successful operation of the business. However, the foreign investor will never be demanded to invest more than what a U.S. citizen would be required to invest when dealing with the same type of business.

The investment should generate benefits that exceed the cost of the investor and his family´s living expenses as well as produce a profit within the United States and create jobs for U.S. citizens.

It is important to indicate the amount of jobs that will be created in the business plan that goes along with the visa application. According to investment references, the investment should be around 100,000 and 250,000 dollars approximately.

We highly advise interested applicants to verify which subcategory best applies to their current situation before submitting the application. We also advise applicants to fully prepare for the interview that they will have with a consular officer.  The officer will review the application in detail to see how legitimate and feasible the business plan is for the United States.

EB-5: For investments of more than 500,000 dollars

This subcategory is an option for foreign investors looking to invest over 500,000 dollars. With such investment they can apply for the EB-5 subcategory visa.  The investor´s families will also benefit from this visa (spouse and unmarried children under the age of 21).

This subcategory issues a different type of immigrant visa, a residency card or Green Card, which is why the terms and conditions and requirements are notably different from those listed under the E-2 subcategory visa.


If you would like more information regarding out migratory services, please contact us!



-Katherine Pascal


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