Treaty Investor Visa

A person who comes to the Untied States to develop and direct a bona fide enterprise may qualify to reside and work legally in the United States. The investor must make a substantial investment of capital in the enterprise and own at least 50% or maintain a controlling interest in the business.

The investor visa is for an enterprise that invests a substantial amount of funds in the United States with the prospect of job creation. The requirements are that the investor show that he has control of the funds, and if necessary, the legal source of those funds. As long as the source of the funds is legal and the investor has control of the money, it does not matter whether the source of investment funds is savings, other investments, a gift, a lottery prize, or in some specific situations even a loan. The principal investor must also prove control of the enterprise - at least 51% ownership.

In defining what constitutes a "substantial investment", the test that has emerged is the proportionality test: the amount of the investment will be considered substantial if it would suffice to set up an enterprise of that nature. Therefore, it is quite possible to set up a viable Treaty Investor situation with as little as $70,000 to $100,000. In any event, if an investment is being contemplated in order to obtain an Treaty Investor visa, it is extremely important to get a competent guidance at the initial planning stage.

Remember:

• It will be necessary to transfer funds into a bank account in the United States.
• It will be necessary to organize a legal company in the U.S. in connection with this Visa