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ARTICLE · 10 OCTOBER 2012

Investment-Based Employment Visa Finds Judicial Support

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The "E-2 Treaty Investor" employment visa classification was established by Congress to promote capital inflow by foreign investors and to create additional employment opportunities for U.S. citizens.

United StatesImmigration
Roy Barquet
Roy Barquet
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The "E-2 Treaty Investor" employment visa classification was established by Congress to promote capital inflow by foreign investors and to create additional employment opportunities for U.S. citizens. Currently, the United States has reciprocal investment treaties with 81 countries that permit foreign nationals to acquire employment-related work visas if demonstrable investments are made in the United States.In All Bright Sanitation of Colorado, Inc. v. U.S. Citizenship and Immigration Services, a federal court in Florida held that United States Citizenship and Immigration Services (USCIS) abused its discretion and acted arbitrarily and capriciously by refusing to classify capital contributions made by the owner of All Bright Sanitation of Colorado as a treaty-qualifying "investment."

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