To qualify for an investor visa in the United States, an individual must meet the criteria set forth by the United States Citizen and Immigration Services (USCIS). The USCIS offers two types of investor visas, the EB-5 Immigrant Investor Program and the E-2 Treaty Investor Program.
EB-5 Immigrant Investor Program:
- Invest at least $900,000 in a commercial enterprise located within a designated targeted employment area (TEA) or $1.8 million in any other commercial enterprise.
- The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident.
- Show that the investment funds were acquired lawfully.
- Be in good health and not pose a threat to U.S. security or public safety.
E-2 Treaty Investor Program:
- Be a citizen of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States.
- Invest a substantial amount of capital in a U.S. business.
- Be seeking to enter the United States solely to develop and direct the investment enterprise.
- Develop and direct the enterprise by either being the investor or an executive, supervisor, or essential employee with specialized skills.
- Possess the ability to leave the United States upon termination of the treaty investor status.
It is important to note that the USCIS may deny an investor visa if it determines that the applicant has engaged in illegal activities or poses a threat to national security or public safety. Additionally, the USCIS may deny the visa if it determines that the investment does not meet program criteria or that the applicant has not shown a clear path to job creation.
If an individual does not meet the criteria for an investor visa, they may wish to explore other options for obtaining a visa, such as a work visa or family-based visa. Consulting with an experienced immigration attorney may be beneficial in determining the most appropriate visa category for a particular situation.
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