The E-2 Treaty Investor visa is granted to individuals who make a “substantial” investment into the U.S. with the goals of creating employment for U.S. workers and generating income for the U.S. economy.
- The prospective applicant must be a citizen of a country which has entered into a treaty of commerce and navigation. Examples of such countries are Turkey, Italy, Switzerland, Canada, China etc.
- The business that is established as a result of the prospective applicant’s investment must be at least 50% owned by nationals of the same country.
- The amount of “substantial” investment must be parallel to the type of business that is being established, i.e. it must be sufficient to initiate / continue successful operations and generate employment for U.S. workers. Please note that the money being invested can not have been generated from the proceeds of a loan and there must be sufficient documentation to prove the origins of the investment amount. Please contact our office for determining whether or not the desired investment amount is sufficient for the purposes of obtaining an E-2 Treaty Investor visa.
- The prospective applicant must be employed in a position that is executive or supervisory, or requires specialized skills / knowledge.
The E-2 visa can be extended indefinitely as long as the individual maintains the same capacity in the business and the business maintains its services. If the individual will be applying for the E-2 visa at a U.S. Consulate abroad, the visa maybe issued up to five years. Please note that if the individual is applying for the E-2 visa in the U.S. through USCIS, the E-2 status will be granted for a 2 year period. Additionally, the E-2 visa holder will be issued a 2 year period of stay on their I-94 each time they enter the U.S. with their E-2 visa. Spouses of E-2 visa holders are authorized to work but they must obtain work authorization from the USCIS.
Please note that individuals holding E-2 visas are generally not eligible to apply for a Green Card through their own business. Please contact our office if you have questions pertaining to Green Card eligibility.
E-2 Treaty Investor visas require substantial amounts of documentation in addition to a comprehensively prepared Business Plan.