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Published online by Cambridge University Press: 28 March 2017
1 8 U.S.C. §1101(a)(15) provides: “The term ‘immigrant’ means every alien except an alien who is within one of the following classes of nonimmigrant aliens— (E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national … (i) solely to carry on substantial trade, principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital… .” (Quoted by court, 298 F.Supp. 945 at 946.)
2 T.I.A.S., No. 2863; 206 U.N. Treaty Series 143.
3 298 F.Supp. 945 at 950-951. Nippon Express U. S. A., Inc. o. Esperdy, 281 F.Supp. 561 (S.D.N.Y., 1966); 61 AJ.I.L. 815 (1967).