A quick answer to this question is “NO.”  Often time, people are confused between an E-2 Treat Investor verses an Employment Based Immigrant Petition, 5th Preference.  Under the 5th employment based preference, an foreign national may come and invest in the United States.  If approved, the person does not need a labor certification and usually a visa is immediately available.  The person must invest at least $ 1 Million in a populated area or $500,000 in a less populated (rural) area.  This is a substantial amount of investment for most foreign nationals and also is not a small number for U.S. residents or citizens.  Thus, this category is not practical for most investors. If the foreign national is a national of a “treaty country,” one that has a Friendship and Commerce Treaty and/or a Navigation and Commerce Treaty with the U.S, then the foreign national may apply for an E-1 Treaty Trader or an E-2 Treaty Investor, depending on the person’s qualifications.  The person does not have to invest one million dollars.  In fact, the person does not even need to invest hundreds of thousands of dollars.  The Immigration and Naturalization Act and federal regulations require only that the investment to be “substantial.”   Substantiality is entirely dependent on the type of investment.  For example, opening or purchasing and operating a used car dealership may require a higher investment than opening or purchasing a convenience store or a retail shop at a mall.  For more information, please click on E-1 Treaty Trader & E-2 Treaty Investor.

 

Contact the Immigration Lawyers at Smith & Garg today for more on investing in the United States!