E-2 Treaty Investor Visa: Requirements and How to Apply

The E-2 Treaty Investor visa is a non-immigrant visa that allows entrepreneurs from treaty countries to invest in a U.S.-based business and actively manage it. Whether you are buying an existing company or starting a new one, the E-2 investor visa provides a pathway to live and work in the United States. To qualify, applicants must be citizens of a country with a commercial treaty with the U.S. and must own at least 50% of the business. For the latest list of qualifying treaty countries, visit the State Department’s website.

One important consideration for applicants is that they must obtain their E-2 visa at a U.S. Consulate outside the United States. This means that after submitting the required documents and gaining approval for the visa, the applicant must leave the U.S. and apply for the E-2 visa abroad before re-entering the U.S. to begin their business operations.

E-2 Visa Requirements: What Constitutes a Significant Investment?

To apply for the E-2 visa, the investment must be substantial and meet several key criteria:

• The investment should be significant in relation to the total cost of purchasing or starting the business.
• It must be sufficient to demonstrate the investor’s commitment to the business.
• The capital must be large enough to support the business’s success, proving the investor’s ability to manage it effectively.

The business itself must be an active and legitimate commercial enterprise aimed at generating profit. It should comply with all applicable legal requirements and must be operational in the U.S.

E-2 Visa Benefits for Family Members

One of the key benefits of the E-2 visa is that it allows the visa holder’s spouse and unmarried children under 21 to accompany them to the United States. Spouses of E-2 visa holders are eligible to apply for work authorization, offering the family more financial flexibility while in the U.S. Although children cannot work, they can attend school and pursue other educational opportunities.

Validity Period and Extensions for the E-2 Visa

The E-2 investor visa is typically granted for up to two years, with the possibility of unlimited two-year extensions. As long as the visa holder continues to meet the E-2 visa conditions and actively manage the business, they may remain in the U.S. indefinitely.

Travel and Re-Entry

During the validity of the E-2 visa, holders are free to travel outside the U.S. and return, provided their visa is still valid. Upon each re-entry, they are typically granted a stay of up to two years, even if the visa is close to expiring. However, if the visa expires while the holder is abroad, they must renew it at a U.S. Consulate before returning to the U.S.

The U.S. Customs and Border Protection (CBP) officer will determine the length of each re-entry stay, issuing an updated I-94 record reflecting the new authorized stay. This provides flexibility for frequent travelers, ensuring that E-2 visa holders can manage their businesses effectively both in and out of the U.S.

How to Apply for the E-2 Visa: Documentation Requirements

To apply for the E-2 Treaty Investor visa, the following documentation must be provided:

• Proof that the applicant holds an executive or supervisory position, or possesses specialized skills vital to the company.
• Verification that the business is operational and actively generating profit.
• Proof of citizenship from a qualifying treaty country (a list of qualifying countries is available on the State Department website).
• Confirmation that at least 50% of the business is owned by nationals of the treaty country.
• Evidence of a significant capital investment in the U.S.-based business.
• Proof of intent to return to the home country after the visa expires, which can include documentation of family ties or property ownership.

For reliable guidance on the E-2 visa application process, contact The Ahluwalia Firm. Our experienced legal team will help you navigate the complexities of the U.S. immigration system and ensure that your E-2 visa application is handled professionally and efficiently.