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.
In order to be eligible to apply for an E-2 visa, the following conditions must be present:
- The prospective applicant must be a citizen of a country which has entered into a treaty of commerce and navigation. Department of State’s website keeps a full list of eligible countries.
- 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 operationsand 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.
- The prospective applicant must be employed in a position that is executive or supervisory or requires specialized skills / knowledge.
E-2 Treaty Investor visas require substantial amounts of documentation in addition to a comprehensively prepared Business Plan.
E-2 visa can be obtained for both company owners/partners, as well as for prospective managerial/specialized skills employees of the U.S. company. There is no requirement of prior experience at a foreign company.
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 may be issued up to five years depending on visa reciprocity rules. 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 in the U.S.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding E-2 Treaty Investor visa, including preparing and submitting E-2 applications at the U.S. Consulate abroad or as a Change of Status (COS) or Extension of Status (EOS) application within the U.S. both for company owners/partners and or managerial/specialized skill employees.
