The E-2 Treaty Investor Visa is a non-immigrant visa for nationals of countries with which the United States maintains a treaty of commerce and navigation. It allows individuals to enter and work in the U.S. based on an investment they will be controlling while in the United States. Here's a comprehensive overview of the E-2
Visa: Eligibility Criteria
Treaty Nation Citizenship:
Applicants must be nationals of a country that has a treaty of commerce and navigation with the U.S.
Substantial Investment:
Applicants must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
Ownership and Control: The investor must own at least 51% of the enterprise or possess operational control through a managerial position or other corporate device.
Intent to Depart:
Applicants must intend to leave the U.S. when their business in the U.S. is completed, although there is no requirement to maintain a foreign residence.
Substantial Investment:
The investment must be substantial relative to the total cost of purchasing or establishing the enterprise. It must be sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise. The investment must be a real operating enterprise, and speculative or idle investment does not qualify.
Enterprise Requirements:
The enterprise must be a real and operating commercial or entrepreneurial undertaking, producing some service or commodity. It must be more than marginal; it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.
Period of Stay:
E-2 visa holders are generally granted an initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted.
Family of E-2 Treaty Investors:
The spouse and unmarried children under 21 years of age of an E-2 Treaty Investor may also apply for E-2 visas. The spouse may apply for work authorization, but the children are not authorized to work in the U.S.
Application Process:
Applicants outside of the U.S. apply for an E-2 visa at a U.S. embassy or consulate. Those already in the U.S. on a lawful nonimmigrant status can request a change of status to E-2 classification.
Limitations and Considerations:
The E-2 visa does not directly lead to a green card or permanent residency. However, there are other pathways that E-2 visa holders might pursue for permanent residency. The investment must remain substantial, and the business must remain viable and active to maintain E-2 status. The E-2 Treaty Investor Visa is an attractive option for entrepreneurs and investors looking to own and operate a business in the U.S. It provides flexibility and the opportunity for investors and their families to live in the U.S. while running their business. However, it's important to carefully consider the requirements and seek legal advice to ensure compliance and successful navigation of the process.
