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There is no specific minimum investment required with the Treaty visas. However, the investment must be adequate to fund the investor’s compensation program and promote employment with the U.S. based organization. A minimum of five new employment opportunities must be created as a direct result of the investment and expansion.

Qualifying for a Treaty Visa

The qualifications for the Treaty-Trader and Treaty-Investor visas are straight-forward and are absolutes:

  • A qualifying investment that is adequate for the investor’s compensation while promoting growth.
  • The creation of five new employment opportunities for the U.S. based business.
  • A clear demonstration of the legitimacy of the funds being invested with a two year sourcing history.
  • An Executive Summary that demonstrates the history of the investor, the relationship between the investor and the U.S. based business, and a clear explanation of “the fit” between the investor and the U.S. organization.
  • A Business Plan that details all aspects of the business including financials; and
  • The investor must be a national of one of the qualifying countries.

Legitimacy of Funds

If there is a single component that the U.S. Citizenship and Immigration Services and the U.S. Department of State focus on, it is “legitimacy of funds.” That the investment not originate from any form of illegitimate activity is obvious. However, there are other concerns one of which is “pooling.” It must be demonstrated that the funds being invested originate solely with the investor and not through family members or other resources. Second, it is imperative that a two year financial history for the investor be included.

Visa Details

Both of the Treaty Visas, at this time, are issued in two year increments. However, they have the potential for unlimited renewals so long as the U.S. based business continues to be viable and the investor continues to contribute to the organization’s success.

In addition, family members (spouses, and children who are unmarried and under the age of 21 years) may accompany the visa holder.

The Fit

There must be consistency between the investor and the organization receiving the investment to establish the viability of contributions beyond the financial. This is demonstrated through the investor’s professional history and experience with a statement showing how the investor will contribute to the growth and expansion of the U.S. based organization.

Attorney Review and Representation

In today’s U.S. Immigration environment, an attorney review and representation is absolutely essential. Patrick Mazor has over ten years of immigration law experience as a paralegal but is not an attorney and may not represent clients before the USCIS. However, he has access to top-notch business and immigration attorneys who will review a submission package and provide representation.