INVESTMENT
& TREATY
VISAS
Capital Deployment & Bilateral Commerce Counsel for Global Entrepreneurs, Investors & Enterprise Founders
Kameli Law delivers elite counsel across EB-5 Immigrant Investor Green Cards, E-2 Treaty Investor Visas, and E-1 Treaty Trader Visas, structuring compliant cross-border capital deployment under federal immigration law.
Evaluate Your Investment RouteInvestment & Treaty Mandate
The Investment & Treaty Visas Practice Group at Kameli Law structures complex business filings under INA § 101(a)(15)(E) and INA § 203(b)(5). We guide clients through lawful source-of-funds pathing, regional center and direct EB-5 projects under the EB-5 Reform and Integrity Act of 2022 (RIA), substantiality assessments for E-2 enterprises, and international trade volume compliance for E-1 traders before USCIS and U.S. Embassies.
Permanent Residency
EB-5 Immigrant Investor
Commercial Enterprise
E-2 Treaty Investor Status
Bilateral Trade
E-1 Treaty Trader Practice
Investment petitions require uncompromised proof of "lawful source and path of funds." Every dollar deployed into an EB-5 or E-2 enterprise must be forensically accounted for, establishing clear commercial risk and job-creation viability under prevailing federal policy.
Investment & Treaty Pathways
Select a program below to review investment thresholds, job-creation rules, and treaty requirements.
Direct pathway to U.S. Lawful Permanent Residence for investors, their spouses, and unmarried children under 21. Following the 2022 Reform and Integrity Act (RIA), petitioners benefit from reserved visa set-asides and concurrent adjustment of status (Form I-485) while legally present in the United States.
Show Program Mechanics & Thresholds
Capital Requirements: $800,000 for Targeted Employment Areas (TEA: rural or high-unemployment) or infrastructure projects; $1,050,000 for standard non-TEA enterprises.
Job Creation: Must create or preserve at least 10 full-time jobs for qualifying U.S. workers (direct headcount for direct EB-5; indirect/induced economic modeling for Regional Center projects).
Capital At-Risk: Capital must remain fully deployed and at commercial risk throughout the statutory sustainment period.
Authorizes citizens of countries maintaining commerce treaties with the United States to invest substantial capital and direct an active commercial business. Offers rapid processing, renewable status with no statutory cap, and automatic work authorization for accompanying spouses.
Show Substantiality & Treaty Rules
Substantiality Test: Investment must be substantial proportional to the total cost of establishing or purchasing the active enterprise.
Non-Marginality: The enterprise cannot be marginal; it must possess the present or future capacity to generate significantly more income than merely supporting the investor and family.
Spouse Status (E-2S): Spouses are employment authorized incident to status, permitting employment with any U.S. employer without waiting for a separate EAD card.
Designed for individuals and qualifying commercial entities from treaty nations conducting substantial trade in goods, technology, professional services, banking, or engineering principally between the United States and their home country. Requires continuous international transactions without a mandatory capital investment floor.
Show Trade Volume & Nationality Criteria
Principal Trade Rule: Over 50% of the total volume of international trade must occur strictly between the U.S. and the qualifying treaty country.
Traceable Trade Flow: Documenting continuous, traceable shipments, invoices, contracts, or billings evidencing active bilateral exchange.
Treaty Nationality: At least 50% of the trading enterprise must be owned by nationals of the treaty nation.
Program Matrix
Investment Visa Comparison
Evaluate capital requirements, treaty dependency, and residency outcomes at a glance.
| Category | Statutory Purpose | Capital / Trade Minimum | Treaty Mandate | Residency Status |
|---|---|---|---|---|
| EB-5 Immigrant Investor | Job creation through qualifying U.S. investment | $800,000 (TEA) / $1,050,000 (Standard) | No (Open to All Nationalities) | Permanent Residency (Green Card) |
| E-2 Treaty Investor | Active development and direction of commercial business | Substantial (Proportionality Test; No statutory minimum) | Mandatory (Treaty Nation Citizen) | Nonimmigrant (Unlimited 2-5 year renewals) |
| E-1 Treaty Trader | Substantial trade principally with the United States | Continuous trade flow (50%+ bilateral volume) | Mandatory (Treaty Nation Citizen) | Nonimmigrant (Renewable indefinitely) |
Deploying Capital or Expanding Trade into the U.S.?
Have our investment immigration partners review your source-of-funds portfolio and commercial business plans.
Financial Forensics
Institutional Due Diligence
Forensic Source of Funds & Regulatory Capital Pathing
USCIS adjudicators subject investment petitions to forensic banking standards. It is not enough to show that capital exists; every dollar must be methodically documented from its origin through legal commercial transactions, real estate divestitures, dividend distributions, or corporate loans.
Complete Source-to-Deposit Tracing: Auditing tax returns, property deeds, bank ledgers, and wire confirmation slips to eliminate unbroken evidentiary gaps.
Matter of Ho-Compliant Business Plans: Generating comprehensive 5-year commercial forecasts, organizational staffing charts, and market feasibility analyses.
OFAC & Currency Control Mitigation: Navigating global foreign exchange restrictions and cross-border currency transfers within strict federal regulatory boundaries.
Our Investment Petition Lifecycle
A three-stage evidentiary standard engineered to mitigate Requests for Evidence (RFEs) and position investment filings for swift approval.
Capital Audit & Treaty Screening
Evaluating bilateral treaty eligibility, capital origins, bank records, and project viability before structuring the investment entity.
Dossier Assembly & Escrow Funding
Drafting comprehensive legal memorandums, finalizing commercial leases or regional center subscription agreements, and executing secure capital deployment.
Adjudication & Green Card Issuance
Managing USCIS Form I-526E/I-129 adjudications, concurrent Form I-485 adjustment filings, consular visa interviews, and future Form I-829 condition removals.
Frequently
Asked Questions
Authoritative answers on minimum capital thresholds, treaty qualification, and green card transitions.
What is the minimum EB-5 investment amount?
Under the EB-5 Reform and Integrity Act of 2022 (RIA), the minimum statutory investment is $800,000 if the commercial enterprise is located within a Targeted Employment Area (TEA: rural areas or high-unemployment districts) or qualifies as an infrastructure project. For standard non-TEA projects, the minimum investment is $1,050,000.
Can my family be included in the investment petition?
Yes. In all three categories (EB-5, E-2, and E-1), the principal applicant's lawful spouse and unmarried children under 21 years of age are included under derivative status. In EB-5, all dependents obtain permanent green cards. In E-1 and E-2, spouses are employment authorized incident to status (E-1S / E-2S) without sector restrictions.
What qualifies as a “substantial” investment for an E-2 visa?
There is no statutory dollar floor for E-2 visas. Adjudicators apply a legal "Proportionality Test," comparing the capital invested against the total cost of either establishing a viable new business or purchasing an existing one. Investments often range from $80,000 to over $200,000, provided the funds are fully committed, at commercial risk, and sufficient to ensure operational success.
Can E-2 visa holders apply for a green card?
Yes. While the E-2 is technically a nonimmigrant visa requiring nonimmigrant intent, investors can legally transition to permanent residency via employment-based routes such as the EB-2 National Interest Waiver (NIW), EB-1A extraordinary ability, employer sponsorship, or by deploying additional capital into a qualifying EB-5 petition.
What counts as “substantial trade” under the E-1 Treaty Trader category?
Substantial trade does not depend on a single massive shipment, but on a continuous, documented flow of international transactions over time. Under federal regulations, more than 50% of the company's total international trade volume must be conducted directly between the United States and the investor's qualifying treaty nation.
Secure Your Future
Through U.S. Investment
For nearly 30 years, Kameli Law has advised high-net-worth investors, family offices, and multinational founders on securing permanent residency and treaty-based commercial expansion.
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