Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be:

• Subject to partial or total loss if the investment fails
• Obtained, directly or indirectly, from legal sources

A substantial amount of capital is:

• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
• Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
• Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

Depending on whether you are purchasing an existing business or starting a new business, we will take the necessary steps to ensure that you have or can provide the necessary documentation to establish the appropriate petitioner (your company) for the case. If you are starting a new business, we will prepare a detailed business plan to outline the expected market entry and growth, hiring plan, and pro forma financials. Once an initial draft is complete, we will iterate over the draft with you, as necessary.

On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.

Once the packet is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS (if you are in the United States and filing as a Change of Status), or to you directly (if you are outside of the United States and are attending a consular interview for your E-2).