Most people assume that there’s only one type of investor’s visa which enables you to enter the United States. This is the 5th Preference employment-based category which requires an investment of one million dollars. This leads to permanent residency. However, there’s another type -- called the treaty investor visa or the E visa, which enables you to enter the United States to oversee your investment without coughing up one million dollars. This is a non-immigrant visa classification which, in and of itself, does not lead to a “greencard”.

The E visa is available to nationals of foreign countries that entered into treaties with the United States to promote trade and investment. Philippines is a treaty country, which means that it has entered into a commercial treaty with the United States. Thus, the E visa was created to give effect to these bilateral treaties and is made available to Filipino nationals.

This visa is very useful to business owners, managers, and employees who need to stay in the United States for extended periods to oversee the business that has substantial trade or major investment in the United States. Different types of companies can use this type of visa – from a single investor to a big corporation. As previously stated, not only can the principals avail of this visa, but also their managerial level or special skill employees.

The E visa is issued for an initial period of two years and can be extended as long as the trade or investment remains substantial and that the visa holder will return after the authorized stay terminates. It is worth noting the spouse and minor children of an E visa holder may also enter the United States and that the spouse may also be eligible to get a work permit.

A recap of eligibility for an E visa is as follows:

1. The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;
2. The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
3. The investor has invested in or is actively in the process of investing in the enterprise;
4. The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
5. The investment enterprise is not a marginal enterprise;
6. If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify;
7. That the applicant intends to depart the U.S. upon the expiration of the status.

If you are engaged in a business or enterprise that conducts active trade or has made/will make an investment in the United States, you may be eligible to stay in the United States for longer than six months to oversee such business or enterprise through the E visa. However, to acquire this non-immigrant treaty investor visa, you may not need to show a one million dollar investment but you must be ready to show that your trade activities are substantial and/or that your investment is a major one.

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.