U.S. Visas for Business Traders and Investors

The United States acknowledges the importance of cultivating business relationships among nations. This shows in the U.S. government’s wide range of visas for business traders and investors. These U.S. visas often connect with trade agreements such as:

• Treaty Traders
• Investors Visa
• NAFTA

These treaties are essential for those aiming to contribute to and enjoy the robust U.S. economy. Keep reading to learn more about special visas for business traders and investors.

Navigating U.S. immigration laws doesn’t need to be confusing or overwhelming. Any visa application process is often made easier—and more successful—with a lawyer’s help.

Types of Special Visas for Business Traders and Investors

The U.S. offers these visas to attract foreign investors. The visas also help job creation, economic growth, and international trade. The following are the types of special visas that the U.S. government offers to business traders and investors:

E-1 Treaty Traders Visas

The E-1 Treaty Traders visa is a nonimmigrant visa that allows foreign treaty country nationals to enter the U.S. to engage in international trade. Treaty countries are countries with which the U.S. has a treaty of commerce and navigation. These are also countries that the U.S. has a qualifying international agreement or law that considers them a qualifying country.

Selected E-1 visa employees of these types of businesses, local or international organizations, may also get an E-1 treaty trader visa. This includes their dependent family members.

E-2 Treaty Investors Visas

The E-2 Treaty Investors visa is a nonimmigrant visa that allows foreign citizens to invest in and manage a business in the United States. It is available to people from the treaty country. Employees of investors or companies may also apply for an E-2 status Treaty Investor visa.

EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program offers a path to lawful permanent resident (LPR) status to foreign investors and their immediate family members. Immediate family members include the investor’s spouse and unmarried children under 21. In some ways, an EB-5 visa is like an employment-based visa. Holders of investment visas are legally authorized to start and run U.S. businesses.

Getting an EB-5 visa doesn’t automatically speed up naturalization. It also doesn’t necessarily expedite your ability to gain citizenship. But it gives you a legal path to work in the United States.

Congress initiated the program to boost the U.S. economy. U.S. Citizenship and Immigration Services (USCIS) administers this visa program.

NAFTA Professional Workers Visas

The North American Free Trade Agreement (NAFTA) allows professionals from Canada and Mexico to come to the U.S. to work in prearranged business activities. This agreement created trade and economic relationships for Canada, Mexico, and the United States. The visa holder’s spouse and unmarried children under 21 may travel to the United States. These family members may not work in the U.S.

General Qualifications and Eligibility Requirements

You must meet certain qualifications and requirements to get business traders’ and investors’ visas. The following are the general qualifications that you have to meet under U.S. immigration laws, including those under the Immigration and Nationality Act (INA):

E-1 Treaty Traders Visa Qualifications

As a treaty trader, you must be:

• A foreign national of a country that maintains a treaty of commerce and navigation with the United States; or
• From a country with which the U.S. maintains an international agreement or is a qualifying country by law.

To qualify, you should have engaged in substantial trade between the treaty country and the United States. That means over 50% of international trade is between the U.S. and the treaty country. Trade means the international exchange of items of trade. Examples of items of trade include:

• Services
• Goods
• Insurance
• Transportation
• Technology and its transfer
• And more

E-2 Treat Investor Visa Qualifications

As an E-2 visa holder, you should be a citizen of a treaty country. You can be an individual, a partnership, or a corporate entity that has invested or is investing capital in a U.S. business. The investment should generate a significant economic impact on the U.S., and you should have control of the funds. If you are not the principal investor, you should at least be an essential employee of the entity.

EB-5 Immigrant Investor Program Qualifications

EB-5 investor visas are for investors in new commercial enterprises established after Nov. 29, 1990.

The U.S. Department of State sets out several criteria for qualifying investments. For investment visas, a person must meet certain commercially oriented requirements. Conditional on the issuance of these visas is the satisfaction of these requirements. According to the U.S. Department of State, a person must invest at least $1,050,000 in a commercial enterprise.

But a foreign national must do so without borrowing any money. They may also invest $500,000 in high-unemployment areas. High-unemployment areas are those with unemployment rates 150% above the national average.

A person may also invest this amount in commercial enterprises within rural areas. They may also invest in any targeted employment areas. But the investment must be:

• In the amounts specified
• In the areas required, and
• Without entailing a loan.

The investment amounts mentioned above are considered EB-5 investments. They are often perfect for entrepreneurs and also suitable for foreign investors.

Other requirements include the investment creating full-time jobs for at least 10 U.S. citizens or LPRs within two years. Creating this number of jobs for migrant workers authorized to work in the United States is another way to meet the requirement.

You must also submit an organized business plan to the State Department. It must detail the nature of all your direct investments.

What is an EB-5 Regional Center?

A Regional Center is a private or public entity involved in economic growth and job creation. For example, it could be a mixed-use real estate project focused on dense housing, retail, and office space.

Regional Centers must:

• Be approved by USCIS for the EB-5 program
• Focus on a specific geographic area within the United States

They also promote economic growth through:

• Increased export sales
• Improved regional productivity
• Creation of new jobs
• Increased domestic capital investment

The USCIS website has a list of approved Regional Centers in each state.

Getting Permanent Resident Status as an EB-5 Investor

The issuance of investment visas results in a person qualifying as a conditional resident. Within two years of the issuance of a conditional green card, the investor must apply to remove the conditions. With removal of these conditions, they may become a permanent resident with no conditions.

File Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to remove the conditions on the green card. If these petitions are granted, it will result in the removal of conditions to permanent status.

NAFTA Professional Workers Qualifications

Canadian and Mexican professionals can apply for work in the U.S. as NAFTA professionals after meeting certain conditions. First, they are a citizen of either Canada or Mexico. Second, the job that they will do in the U.S. is among those listed under the NAFTA agreement.

Included among the conditions required is that a business needs a NAFTA professional for the position in the United States. The NAFTA applicant should also meet the special qualifications in:

• Education
• Specialized knowledge
• Professional skills

How To Apply for Business Traders’ and Investors’ Visas

There are several steps to follow to apply for business-trader and investor visas. The steps and required documentation may vary depending on the U.S. embassy or U.S. consulate where you are filing your visa application. But the following are the general steps to take when applying for this type of U.S. visa:

1. Fill out an online visa application. You must file an online nonimmigrant visa application (Form DS-160) with U.S. Citizenship and Immigration Services (USCIS). You must complete the online application. After completion, print the confirmation page to bring to your visa interview.

2. Prepare a photo ID. Upload a photo identification during your online application. You must upload this picture while completing Form DS-160. Note that the image should meet the photograph requirements specified by the U.S. Department of State Bureau of Consular Affairs.

3. Schedule your visa interview. Your visa interview will be at the U.S. embassy or consulate in your home country. Note that the waiting times for interview appointments vary. This depends on the visa classification, location, season, and the type of U.S. visa you are applying for.

4. Prepare the required documentation. Gather the required documents for your interview. This includes your valid passport, Form DS-160 confirmation page, application fee, and photo ID. Nonimmigrant treat traders and investors also must bring Form DS-156E.

5. Attend your visa interview. Then, attend your visa interview to get your U.S. visa. A consular officer assesses your visa application and determines whether you qualify for a U.S. visa. The consular officer will also check the appropriate visa category for your trip. It would help if you also established that you have met all the requirements set out by U.S. immigration law for the visa you are applying for.

   After the interview, the consular officer may request additional administrative processing. But if the consular officer approves your visa application, you may pay the visa issuance fee. The consular officials will also inform you how to get your passport with the U.S. visa attached.

Your U.S. visa does not guarantee entry into the United States. Customs and Border Protection (CBP) officers will still conduct interviews and check your documents at the port of entry. They may ask questions about the purpose of your trip and other relevant information.

Seek Legal Advice from an Immigration Attorney

Understanding U.S. immigration laws related to business traders and investors is challenging. Some rules affect the requirements and documentation needed for the position. The amendments in U.S. laws, particularly the Immigration and Nationality Act (INA), could also affect your visa application. Visa waivers may also apply. Although sources are readily available, it can be overwhelming for those without a legal background.

Given the complex legal requirements, it helps to seek guidance from an immigration law attorney. Their expertise can help your case and maximize your chance of a successful visa application. They can also assist with other immigration services. For instance, they can help with change of status, employment authorization, and more.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.