WALSH AND POLLARD

Citations

• 20 I. & N. Dec. 60

Syllabus

WALSH AND POLLARD, 20 I&N Dec. 60 (BIA 1989) ID 3111 (PDF) (1) A foreign corporationmust have invested or be actively in the process of investing a substantialamount of capital in order to qualify as a treaty investor under section101(a)(15)(E) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(15)(E) (1982). (2) Under the treatyinvestor criteria, no particular dollar amount is required for an investmentto be deemed substantial however, the investment must be in a bona fidebusiness and, in the case of a new business, the investment must not bein a marginal enterprise solely for earning a living but must be of anamount normally considered necessary to establish a viable enterpriseof the nature contemplated. (3) The applicants, whoare employed as automotive design engineers by a foreign corporation,do not have supervisory or managerial duties however, they are highlytrained, specially qualified, and essential to the corporation's efficientoperation and thus qualify for an \E-2\ visa classificationeven though they are not engaged in developing and directing the qualifyinginvestment.