Helping Foreign Investors Obtain Temporary Visas

Our experienced immigration attorneys have handled a wide range of investment immigration matters for 20 years.

Since 1930, Barst Mukamal & Kleiner, LLP, has been a top law firm in legal matters regarding immigration, nationality, and consular matters. As one of the oldest immigration law firms in the United States, our attorneys possess the highest level of knowledge and experience in all aspects of investment visas and investment-based green cards. We consistently stay abreast of all developments and changes in immigration law ensuring that we are the ultimate resource for our investor clients.

No matter your situation, our attorneys have the skill and background to help you obtain the appropriate visa. We offer a wealth of experience in both EB-5 and E-2 Treaty Investor Visas and have proven ourselves as industry leaders for our international clientele. For foreign investors seeking permanent residency in the United States, our EB-5 department will facilitate the investor visa process as efficiently as possible ensuring you the highest level of client care and attention to your pursuit of an EB-5 visa. For foreign investors seeking to do business in the U.S. temporarily, our attorneys have the highest level of expertise in obtaining the E-2 Treaty Investor visa and will work with you throughout the process to provide you with the highest level of service and satisfaction in securing E-2 Treaty Investor status. With our guidance, you will gain the knowledge and ability to choose the type of visa that is best suited to you along with accomplished attorneys to counsel you and your family throughout the process.

Is an E-2 Treaty Investor right for you?

For foreign nationals looking to remain in the United States temporarily, an E-2 Treaty Investor visa is an excellent option for those who qualify. This nonimmigrant visa is intended for foreign nationals investing significant capital in a U.S. business. While the E-2 Treaty Investor Visa does not directly lead to permanent resident status or citizenship, it does allow the applicant and his or her family members to remain legally in the U.S. for an extended period of time. Certain employees of the investor or a qualifying organization may also be able to apply for this type of visa.

The requirements to qualify for an E-2 Treaty Investor include:

• The investor must be a national of a country with which the U.S. holds a treaty of commerce and navigation. For a list of the qualifying treaty countries, see the following link: http://travel.state.gov/content/visas/en/fees/treaty.html
• The investor must have invested a substantial amount of capital into a legitimate U.S. business.
• The investor must be staying in the U.S. to oversee their investment with no intention of permanently remaining in the U.S.
• The investment must be in an operating enterprise.

It is important to note that E-2 Treaty Investors visas do require renewal, but there is no limit to how many times it can be renewed. However, the investor, and the investor’s family, must leave the country or change their status after the business venture is complete unless investor applies for a change of status. Our attorneys can answer any questions you may have on the process.

At BarstLLP, we pride ourselves on our sophisticated level of expertise on E-2 Treaty Investor visas. We have a proven record of success and we invite you to trust in our experienced attorneys as they have a long-standing commitment to client satisfaction and will provide you with the highest level of service in your pursuit of E-2 Treaty Investor classification.

When is an investment considered substantial?

One of the requirements for obtaining an E-2 Treaty Investor visa is that your investment be considered “substantial.” A substantial investment is an investment that:

• Sufficiently ensures the investor’s commitment to the successful operation of the enterprise.
• Is sufficient in relation to the total cost of purchasing an established enterprise of creating a new one.
• Supports that the investor will successfully direct and develop the enterprise.

If you think your investment may qualify, our attorneys at BarstLLP are willing to speak with you at any time to aid you in determining whether your investment meets the substantial standard and whether you may be eligible for an E-2 Treaty Investor visa.

What are the requirements for an employee to obtain an E-2 Treaty Investor visa?

Certain employees of foreign investors can qualify for temporary visas. In order to be eligible, an employee must:

• Be the same nationality as the principal employer.
• Meet the legal definition of an “employee.”
• Be performing the duties of an executive or supervisor, or have special qualifications.

Additionally, it is important to note that if the principal employer is not an individual, the organization must be owned, at least 50%, by individuals with the same nationality as the employee. Those owners must also possess nonimmigrant treaty investor status.

Our attorneys are prepared to offer the highest level of aid to both employers and their employees in their pursuit of E-2 Treaty Investor visas so that they can not only pursue a visa, but also so that they can focus on leading and operating their business.

When do you need to file an I-129 form?

For investors currently residing in the United States under lawful nonimmigrant status, you may file an I-129 form to request a change of status. If approved, you will become classified under the E-2 Treaty Investor visa category. This also pertains to qualified employees who currently reside in the U.S. under lawful nonimmigrant status. If you currently live outside the U.S., you cannot file an I-129 petition, but you do have other options for obtaining an E-2 Treaty Investor visa. Our attorneys at BarstLLP have the highest level of experience and are prepared to help in either situation.

What options are available for your family?

Holders of E-2 Treaty Investor visas may be accompanied by spouses and children under 21 years of age regardless of their nation of origin. Dependents can be classified under the E-2 category and can remain in the U.S. for the same period of time as the Treaty Investor or employee. Spouses may apply for work authorization as well. Once the business venture is complete, the investor and his family must depart the U.S. or change their status.

Contact our knowledgeable temporary visa attorneys today.

From our offices in both New York and New Jersey, our attorneys offer the best immigration services in the industry to foreign nationals seeking investor visas. To learn more about how Barst Mukamal & Kleiner, LLP, can help you, contact us today.