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