The E-2 Visa, commonly known as the "Treaty Investor" visa, is specifically designed for individuals from more than 30 countries that have established treaty agreements with the United States. It allows foreign nationals to invest in a U.S. enterprise and obtain temporary residency for the purpose of directing and developing the investment.
E2 Visa Requirements for Treaty Investors
When pursuing the E2 Treaty Investor Visa, it is essential to fulfill the following criteria:
- Nationality Requirement: You must be a citizen of a country that maintains treaty commerce and navigation agreements with the United States.
- Ownership Stake: A minimum ownership stake of 50% in the business is mandatory for eligibility.
- Substantial Investment: You must have invested or actively initiated the investment process with a substantial amount of capital in a legitimate U.S. enterprise.
- Business Development Intent: Your primary purpose for entering the U.S. should be the development and management of the business. This can be substantiated by demonstrating a minimum 50% ownership stake or showcasing your leadership role that signifies "operational control" over the business.
Employee Requirements: If you are seeking an E2 visa as an employee of a treaty investor, the following conditions apply:
- Matching Nationality: Your nationality must align with that of the treaty investor.
- Executive or Supervisory Roles: Engaging in executive or supervisory capacities is crucial. However, if your position is of a lesser role, you must possess special qualifications.
- Employee Definition: You need to meet the specific legal definition of an "employee" as outlined in relevant laws.
The investment must involve putting the investor's capital at risk. The funds must come from legitimate sources, and the applicant must provide evidence of the legal acquisition of the funds.
The business should create job opportunities for U.S. workers. While there is no specific number of jobs required, the business should not be considered "marginal" and should have the capacity to generate sufficient income to provide a livelihood for the investor and their family.
The E-2 visa grants temporary residency initially for up to two years. It can be renewed in two-year increments, with no maximum limit on the number of extensions. The visa holder must maintain the investment and the intention to depart the U.S. upon visa expiration or termination.
The spouse and unmarried children under 21 years old of the E-2 visa holder are eligible for derivative E-2 visas. They can accompany the investor to the U.S. and are also eligible to apply for work authorization.
E-2 visa holders, as well as their family members, can travel outside of the United States and re-enter without jeopardizing their visa status. Automatic two-year extensions are granted upon re-admission, allowing for continued stay and business operations in the U.S.
The business should create job opportunities for U.S. workers. While there is no specific number of jobs required, the business should not be considered "marginal" and should have the capacity to generate sufficient income to provide a livelihood for the investor and their family.
The E-2 visa grants temporary residency initially for up to two years. It can be renewed in two-year increments, with no maximum limit on the number of extensions. The visa holder must maintain the investment and the intention to depart the U.S. upon visa expiration or termination.
The spouse and unmarried children under 21 years old of the E-2 visa holder are eligible for derivative E-2 visas. They can accompany the investor to the U.S. and are also eligible to apply for work authorization.
E-2 visa holders, as well as their family members, can travel outside of the United States and re-enter without jeopardizing their visa status. Automatic two-year extensions are granted upon re-admission, allowing for continued stay and business operations in the U.S.
The E2 Visa application process
1
Complete Form DS-160
Initiate your E2 visa journey by meticulously filling out Form DS-160, the Nonimmigrant Visa Electronic Application. This crucial step sets the foundation for a successful application.
2
Pay the Visa Application Fee
Facilitate your application progress by promptly settling the visa application fee. This step ensures that your application moves forward smoothly.
3
Schedule Your Visa Appointment
Optimize your chances for a successful E2 visa application by strategically scheduling your visa appointment. While you have the flexibility to choose any US embassy or consulate, it's advisable to book an appointment in your country of permanent residence. This strategic decision minimizes complications in the application process. To schedule your appointment, gather the following essential items:
- Passport number
- The ten-digit barcode number from your Form DS-160 confirmation page
4
Attend Your Visa Interview
The pinnacle of the E2 visa application process involves attending a visa interview at the US embassy or consulate. Ensure a smooth experience by bringing the following items to your interview:
- Printed copy of your DS-160 confirmation page
- Appointment letter
- One photograph taken within the last 6 months
- Current and all old passports
Our experienced immigration attorneys specialize in guiding you through the intricacies of E2 visa applications, ensuring that you meet all requirements for a smooth and successful process. Contact us today to embark on your journey toward realizing your business aspirations in the United States.