I am presently in California working for a small company as their Accounts manager. I graduated from a U.S. college with an MBA in Finance on Mar'95. I also received one year of practical training (expiring on Mar'96). I am presently a permanent resident of Canada but I was born in India. Would I qualify for the National Interest Waiver, if: (a) I am a Canadian resident, (b) I have an MBA, and (c) the position requires experience and french fluency?

The term "national interest" is not defined in the regulations. The question of what qualifies is determined by the Immigration and Naturalization Service on a case-by-case basis. However, there have been several non-precedent decisions on the issue which provide some guidance. A non-exclusive test of national interest for aliens of exceptional ability in business (which applies to professionals with advanced degrees as well) has developed as a result of these decisions. The test lists seven factors. Satisfying any one of these factors (or relevant factors which are not specifically referred to on this non-exhaustive list) can be considered in the national interest:

• improving the U.S. economy;

• improving wages and working conditions of U.S. workers;

• improving education and training programs for U.S. children and underqualified workers;

• improving health care;

• providing more affordable housing for young and/or older, poorer U.S. residents;

• improving the environment of the United States and making more productive use of natural resources; or

• a request from an interested U.S. government agency.

I cannot give you a formal legal opinion here. You may in fact have some undisclosed grounds upon which to justify a national interest waiver. However, the factors that you mentioned in your question (Canadian residence, an MBA, and a job requiring experience and French language skills) will clearly not establish a national interest case.

I would like to start a Mini-golf course in a year-round tourist area such as Florida, Hawaii or the Texas Coast. I expect it to cost $300,000 - $500,000 with about 20% of my funds and then obtain loans from banks in the area once I find a suitable location. Would this qualify as an E-2 Visa if I also state that I would expand to other locations and return to a Canadian Head Office once this initial site is stable in 4-5 years? Should I try to increase my own funds through loans from relatives?

The issue you should be most concerned about is the "proportionality test". The Foreign Affairs Manual refers to the proportionality of the investment relative to the cost (value) of the business as one of the factors considered when determining eligibility. It applies an "inverted sliding scale" when determining the threshold for qualifying proportionality. The Foreign Affairs Manual specifically states that "a small business costing $500,000.00 would demand upwards of a 60% investment, with a $375,000 investment clearly meeting the test." The smaller the cost (value) of the business, the higher the proportionality must be.

Assuming that your business will cost $500,000.00, you should be prepared to invest about $300,000 yourself. This can consist of your own personal funds or bank loans secured by your own assets but not by the assets of the business itself. For example, you can mortgage your personal home or even borrow funds from family members which are not secured by the business assets.

Your statement regarding the opening of other locations at some future time will probably not carry a great deal of weight. Your statement regarding your return to a Canadian head office in four to five years has no relevance at all to an E-2 application.