The U.S. State Department's Foreign Affairs Manual answers this question in a very general way. The investment must be "substantial."

A substantial amount of capital for (Treaty Investor) visas "constitutes that amount that is:

1. Substantial in a proportional sense i.e. in relationship to the total cost of either purchasing an established enterprise, or creating the type of enterprise under consideration;

2) sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and

3) Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. No set dollar figure constitutes a minimum amount of investment to be considered "substantial" for (Treaty Investor) purposes."
Foreign Affairs Manual 41.51 N10.2

What does all this jargon mean? The U.S. State Department will not pin down a precise amount for the investment. The amount of the investment clearly depends upon the nature of the business that will take place.

The State Department does provide hints as to the what may be sufficient. If the investment "will return only enough income to provide a living for the applicant and family" (Foreign Affairs Manual 41.51 N11) the enterprise will be deemed to be marginal and the investment insufficient. If the income that will be generated will exceed what is needed to support the family, then the investment could be sufficient.

In short, the investment needs to make sense - and yield a good amount of money. If you wish to pursue this further I recommend that you contact an experienced immigration lawyer to help you with this. It would be helpful for you to have a critical evaluation of whether or not your proposed investment would be sufficient.

If the investment becomes unsustainable, even if for reasons beyond the control of the investor, the investor would lose valid Treaty Investor status. Treaty Investor visas can be risky.


Peter Baumann