Immigration Issues/US Immigration

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Question
Thanks very much for the reply. Two questions, if the dollar sum was larger would this approach be successful?
And assuming the answer to the first is yes, what dollar amount would be considered acceptable?

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Followup To

Question -
Hi, I am a Canadian thinking about moving to the USA. I teach horse riding lessons (as part of a home business) in addition to being a fully employed teacher.
If get a mortgage for a acreage in the US that is over $200K for use for my business am I eligible to apply for the E-2 visa?

Answer -
A criteria of the E-2 is Substantial Investment.  $200,000 is not a substantial investment by definition in the United States.

Answer
Tens of Millions might put you in the playing field.  The amount you are describing as investment ($200,000) is the equivalent to a small house mortgage. Obviously this is not an amount that would be considered a substantial financial investment in the United States.

To assist you a bit further, the following are the guidelines for an E-2 Investor:

The investor, either a real or corporate person, must be a national of a treaty country;

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment; (mortgage)

The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Visa Ineligibility / Waiver

The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a treaty trader or treaty investor, may apply for a waiver of ineligibility and be issued a visa if the waiver request is approved.

Applying for the Visa

Applicants for visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.  As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79.  Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate.  The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites.  During the visa application process, usually at the interview, a quick, two-digit, ink-free fingerprint scan will be taken. Some applicants will need additional screening, and will be notified when they apply.

Required Documentation

Each applicant for the visa must pay a nonrefundable US$100 application fee and submit:

An application Form DS-156E , completed and signed. Blank forms are available without charge at all U.S. consular offices.
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete an application.
One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).
As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, a quick, two-digit, ink-free fingerprint scan will be taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.

Optional Documentation

An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law. The consular officer will provide the applicant with special forms for this purpose. An applicant may also be asked to provide evidence, which illustrates that the stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

U.S. Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S.  Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.  If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record  (Form I-94). Since Form I-94 documents your authorized stay in the U.S., itís very important to keep in your passport.  Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program. The Department of Homeland Security, Customs and Border Protection internet site offers additional information on Admissions/Entry requirements.

Additional Information

General Visa

No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.
Family Members

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Dependents are not authorized to work in the United States.

Time Limits

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

Further Inquiries

Questions on qualifications for various classifications and visa application procedures should be made to the American consular office abroad where the applicant intends to apply. Questions on conditions and limitations on employment should be made to the local USCIS office. Inquiries on visa cases in progress overseas should contact the appropriate  U.S. Embassy or Consulate handling your case.  

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