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This is known as the treaty investor visa and is issued
to nationals of certain countries that have a treaty
agreement with the USA. The United Kingdom is one of
those countries, thus British nationals living in the
UK with sufficient credentials qualify for this visa.
The beneficiary of the E-2 visa
is required to invest or commit to investing a substantial
amount of capital into a business enterprise that she
would be developing and managing. The investment must
not be marginal.
A marginal enterprise is defined as
one that does not have the present or future capacity
to generate more than enough income to provide a minimal
living for the treaty investor and her family. Nevertheless,
an enterprise that has the present or future capacity
to make a significant economic contribution (such as
provide a high rate of employment) is not a marginal
one, despite the fact that it does not have the capacity
to generate the requisite income.
There is no fixed minimum amount to
satisfy the substantiality test. However, it is doubtful
that any sum less than $100,000 will be accepted by
the Bureau of Citizenship and US Immigration Service. A
satisfactory amount will be dependant on factors such
as the nature and the size of the business. Taking this
into consideration, on rare occasions, a sum of $50,000
has been considered sufficient to satisfy the substantiality
test. There would be a presumption of substantiality
in regards to an investment of $1,000,000 or more.
The investor must have control of
the funds and the funds must be committed to the business
enterprise. An idle or speculative investment will not
qualify.
The enterprise must be active and
not passive. It must be a real operating business. For
example, an investment in property alone will not suffice
for the approval of an E-2 visa.
For certain prospective US migrants, information related to the H-1B or L-1 employment visas may be more suitable to their circumstances. It may also be judicious to view information relative to permanent visas and USA Green Cards.
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