The E-2 Treaty Investor Visa is a non-immigrant visa that is available to nationals of a foreign country which has a qualifying treaty of commerce and navigation with the United States. The E-2 allows foreign nationals to carry out investment and trade activities to direct and develop the operations of a business in which he or she has invested in.

To obtain the E-2 a foreign national must invest a “substantial amount of capital” or direct and develop the business operations of an entity in which the individual has already invested funds. A person may qualify as the principal investor or as an employee of an investor company having the same nationality. There is no amount defined by law on what would be considered “substantial”. The amount of investment varies on a variety of factors, including but not limited to: the nature of the business, size of the business, and the location of the business.

General Requirements

• The investor, either a person, partnership or corporate entity, must be a national of a Treaty Country.
• The investor is employed in an executive or supervisory capacity and has significant experience and knowledge in the field of business invested in.
• If the investor is a company, at least 50% of the owners in the qualifying company must maintain the nationality of a treaty trader country if they are not lawful permanent residents of the U.S. If these owners are in the U.S., they must be in E-1 or E-2 status.
• The business must generate enough monetary gain to create jobs or make a significant economic impact tin the United States. The business should not be established solely to provide a living for the applicant and his or her family.
• The money must be “at risk”.i.e.. money sitting in a bank account would not qualify.
• The investment must be real and active and not passive; this means that a bank account, undeveloped land or stocks, or a not-for-profit organization will not be sufficient to qualify for E-2 status.
• The enterprise must be a real, operating commercial enterprise.
• Intent to return. You must show ties to your home country to illustrate that you have a non-immigrant intent.
• A principal investor can bring his spouse and children under 21 as E-2 Derivatives. The E-2 spouse will be eligible to apply for work authorization and obtain a social. The minor children of the E-2 principal can study and go to school.

Filing Procedure

• If the foreign national is already in lawful status inside of the U.S., then the foreign national must apply for a treaty trader visa by applying for a change of status, extension of stay with USCIS.
• If outside the US, the foreign national should apply for an E-2 visa to a US consular office abroad. The visa application is usually mailed or emailed to the embassy and reviewed prior to the applicants’ interview.
• Many of our E-2 Treaty Investor clients have spouses and children included in their applications as derivative beneficiaries. The U.S. Department of State requires that anyone between ages 14-79 applying for a visa must attend a consular interview. Many applicants schedule an appointment for their family members after the E-2 Principal has been granted E-2 visa status as the interview is less stressful than the initial E-2 visa interview that the principal applicant attends.

Duration of the Stay and Extensions

This varies by country and where you apply for your E-2 Visa. Please contact our office for further information

Business Plan

Our office work with a team of experts who specialize in high quality business plans. The business plan is a crucial component of the E-2 and is read by the immigration officer who adjudicates your petition. The business plan demonstrates the likelihood of success of your business in the United States.