The E-2 Treaty Investor visa category allows individual investors to enter and work inside the U.S. by investing substantial funds in setting up a new business or purchasing an existing business. Certain employees of such a person or of a qualifying organization may also be eligible.
To qualify for E-2 classification, the treaty investor must:
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The investor must be a national of (partial list follows, the link for complete list is below): Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Singapore, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslav.
The investor does not do have to be currently residing in a treaty country as long as citizenship is from a treaty country.
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What investment amount is considered sufficient to ensure the successful operation of the enterprise? The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. We recommend investments of at least $100,000-$200,000.
Some evidence useful in showing substantial investment is related bank statements, inventory or stock list of goods and materials purchased for the business enterprise, and financial statements. A business plan is helpful.
In order for an employee of an E-2 investor to apply for this visa, the employee must be a citizen of the same treaty country that the principal E-2 investor maintains citizenship. The principal E-2 investor must show that the employee is necessary for the fulfillment of the business enterprise. This is easily proven if the employee is a manager or executive. Alternatively, the employee can qualify based on specialized knowledge, making him or her instrumental to the operation or development of the business.
If the principal employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the U.S. who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty investor status. If the owners are not in the U.S., they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.
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If the treaty investor is currently in the U.S. in a lawful nonimmigrant status, he or she may file a petition with the USCIS to request a change of status to E-2 classification. If the desired employee is currently in the U.S. in a lawful nonimmigrant status, the qualifying employer may file a petition with the USCIS on the employee’s behalf.
To obtain E-2 classification outside the U.S., a request for E-2 visa is made at a U.S. Consulate, generally in the applicant’s home country or country or permanent residence. E-2 status is granted upon admission to the U.S. with the E-2 visa.
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The E-2 visa category includes the applicant’s spouse and unmarried children under 21. The spouse may apply for an Employment Authorization Document (EAD), which allows unrestricted employment in the U.S. during the validity period. The family members can be nationals of any country.
E-2 treaty investors and employees and eligible accompanying family members receive multiple-entry visas valid for up to two years, with an unlimited number of two-year extensions possible. If the E-2 visa holder travels abroad, he or she will generally automatically receive a two-year extension on re-entry to the country. However, this does not apply to family members, who should apply for two year extensions on a timely basis. An exception is when the family members are accompanying the E-2 treaty investor or employee at the time the investor or employee seeks readmission to the U.S.
There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted, but there must be intention to depart the U.S. when status expires or is terminated.
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Please contact our immigration law firm for additional discussion of this category and alternative options.
[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]