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The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital...
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In simple terms, the basic criteria are:

Substantial Investment:

Your investment must be substantial. This is not defined in dollar terms, but is related to the amount necessary to purchase an existing business or establish a new business. Investments at the lower end of the range are usually between $100,000 and $150,000, but can be less than that

 

 

Non-marginal Investment:

You will need to demonstrate that the business in which you are investing will generate more than enough income to support you and your family, and will contribute to the economy, usually by employing U.S. workers. 

Active Investment:

The business must be a fully operating business as you, the applicant, are expected to be actively engaged in developing and directing it. Passive investments do not qualify.

Investor must be the source of the funds:

The investor must be the source of the invested funds and from a treaty country . Personal loans from relatives or friends can be considered part of your investment as long as the business is not collateral for the loan. Gifts of funds for the investment are also permitted.

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