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E-2 Visa – Treaty Investor

Nationals of a country with a trade treaty with the United States may file for an E-2 visa. This nonimmigrant classification allows the beneficiary to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  

 

The United States Department of State's Treaty Countries shows a current list of list of countries with which the United States maintains a treaty of commerce and navigation.

 

Eligibility Criteria

To qualify for E-2 classification, the treaty investor must:

  1. Be a national of a country with which the United States maintains a treaty of commerce and navigation

  2. Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

  3. Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

  4. An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

 

A substantial amount of capital is:

 

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one

  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise

  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

  • A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.

 

Eligibility as Employee of a Treaty Investor

To qualify for E-2 classification as an employee of a treaty investor, the beneficiary must:

 

  1. Be the same nationality of the principal alien employer (who must have the nationality of the treaty countryMeet the definition of “employee” under relevant law

  2. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

  3. If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country.  These owners must be maintaining nonimmigrant treaty investor status


 

Period of Stay

Qualified treaty investors and employees will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.

 

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If approved, there are no restrictions as to where the E-2 spouse may work.

For information on our comprehensive E-2 Package, click here, or contact us to see if an E-2 Treaty Investor, or Employee of a Treaty Investor, is appropriate to your needs

(88  (888) 365-VISA (8472) 

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