Overview
Section 101(a)(15)(E) of the U.S. Immigration and Nationality Act provides for visa status for nationals of countries that maintain an appropriate treaty of commerce and navigation with the United States or that is considered to be a treaty country under U.S. law. The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital. Australia was included as a country eligible for such status in December l991.
Treaty Trader and Investor visas are nonimmigrant categories. They do not confer permanent residence in the U.S. nor do they lead to U.S. citizenship, although they permit the applicant and qualified family members to live in the U.S. for an extended period. For permanent residence in the United States, there is a separate program based on investment.
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