The treaty investor visa is a great option for those who are looking to start a business in the United States. To qualify for this visa the applicant must be a national of a treaty country. The applicant must also show that the investment capital comes from legitimate sources and that the applicant has control over the money invested.

The applicant must also establish:

  • The investment is substantial. This means that the money invested, should be enough to get the business off the ground. The nature and requirements of the business will dictate the amount that is deemed a substantial investment.
  • The investment must be an operating enterprise and cannot be a passive investment such as buying precious metals or real estate that will solely be used to live in. In certain circumstances, investments in rental properties do qualify.
  • The applicant will be able to live without the income from the investment and that the investment is not meant to solely make a living. This is called the marginality requirement, and often times where it can be shown that the business will require an additional employee besides the applicant, the marginality requirement is satisfied.
  • The applicant is coming to the United States to develop and director the business.

Radu C. Vasilescu

May 2021

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