Non-immigrant visa for investors

A few weeks back my client received good news that the application we prepared for him was approved. It was one of those kinds of cases that illustrates the importance of good research, organized documentation, and thorough preparation. Here is his story.

Jabbar, a Pakistani citizen came to the US on a tourist visa. He wanted to visit his parents whom he had not seen in a long time. On his 4th month, he met a few friends who invited him to take part in a business venture where he could be a majority owner. Jabbar was very interested but has some concerns as his possible involvement in the business could potentially affect his immigration status here in the US. After a few hours of discussion with him, it was determined that the E2 non-immigrant investor visa is the best option for him. For those who may be interested, here are the things you have to consider.

1.) You must be a citizen of a treaty country. There is a list of countries available at the US Department of State website that helps you determine if your country of citizenship qualifies you to be an investor. Luckily, Philippines is one of them.

2.) Make sure your funds are legally obtained. In his case, we were able to provide evidence that he sold his real properties in Pakistan and used the proceeds to invest in the business. Wire transfers in between accounts and in between countries were included as proof of the bona fide sources of his capital. Presence of money trail is highly scrutinized in this aspect to make sure there is no money laundering involved.

3.) The investment must be substantial. There is no hard and fast rule on how much money you pour in. It largely depends on the kind of business you are investing in. If a convenience store worth $100,000 is for sale and you buy 75% of it, the 75,000 investment could be considered substantial. But your 75,000 may not be substantial enough for an oil distribution company. In other words, the business must not be marginal.

4.) Your investment must not be passive. You must take charge of the business in its development, management, and direction. You must actively handle the operations of the enterprise and not just leave the affairs to your subordinates. You could present your business plans, projections, research studies, surveys, and other data that shows the viability of the business.

5.) You must show your intention to be a non-immigrant business owner. Remember, the E2 visa does not confer an immigrant status. This is good only for two years and extendible but you still stay as non-immigrant. You must have the intention to depart the US and not live permanently.

If you feel you qualify in these eligibility criteria, make sure to prepare your petition in the most complete and prepared way possible.