E-2 Treaty Investor Visa

The E-2 Treaty Investor visa is available to foreign nationals coming to the U.S. to direct and develop a U.S. company in which they have invested, or are in the process of investing a substantial amount of capital. A foreign national may come to the U.S. in the capacity of an owner, executive, supervisor, or employee whose skills are essential to the company. The E-2 visa is offered only to citizens of countries that have a trade treaty with the U.S. when at least fifty percent of the company is owned by treaty country nationals. The Department of State website can be accessed for an updated list of countries with E treaties with the U.S. at: http://travel.state.gov/.

A substantial amount of capital is defined as:

  • Substantial in relationship to the total cost of either purchasing an established business or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • An amount able to support the likelihood that the treaty investor will successfully develop and direct the business.

The business must be a real, active, and operating commercial or entrepreneurial entity which produces service or goods for profit. It must meet all applicable legal requirements for doing business within its jurisdiction.

Family Members:

The E-2 visa holder's spouse and unmarried children, who are under twenty-one (21) years of age are eligible to be classified for E-2 dependent visa status in the U.S. The spouse may apply for work authorization after he or she is admitted to the U.S.

Validity Period:

The E-2 visa is valid as long as the holder continues to meet the E-2 visa qualifications. Initially, the E-2 visa is issued for a period of not more than two years and can be extended for two years at a time.

Evidentiary Requirements for the E-2 Treaty Investor Visa:

  • Evidence that the foreign national is an executive, supervisor, or employee whose skills are essential to the company
  • Evidence that the sponsor company is actively engaged in business
  • Evidence that the foreign national’s citizenship is from one of the qualifying treaty countries (Please refer to the Department of State webiste for a current list of countries with E treaties with the U.S. at: http://travel.state.gov/.)
  • Evidence that the qualifying business owner’s citizenship is from the same qualifying treaty country
  • Evidence of the substantial amount of capital being invested in the U.S.
  • Evidence of the foreign national’s ability to successfully develop and direct the enterprise
  • Evidence that the foreign national’s ties and relationship with family members staying back home or any other evidence that shows their intent to return to their home country

At The Ahluwalia Firm, our emphasis is on:

  • providing zealous representation before the USCIS
  • providing careful review of your personal circumstances
  • providing careful coordination of all correspondence with government agencies
  • ensuring a service-delivery model that meets and exceeds your satisfaction

For additional information about our ability to help, prepare, and file all the necessary documents required to apply for the E-2 Treaty Investor visa, contact us for reliable advice.

Source: www.uscis.gov