E-2 Treaty Investor Visa

E-2 Investor Visa Definition:

The entry of a foreign national from a country having a bilateral investment treaty with the U.S. in order to develop and direct an enterprise in which he or she has invested (or actively in the process of investing) a substantial amount of capital. Visas may also be obtained for managers or employees with specialized knowledge who are also nationals of the treaty country. For a list of the current treaty countries, please contact the attorney (info@usaimmigrationlaw.com). This visa is known as the E2 Treaty Investor Visa.

To Qualify for the E-2 Investor Visa:

The US enterprise must be majority owned by nationals of a country having a bilateral investment treaty with the US
The investor must have established (or be establishing) an active business through investment.
The investment must be substantial. For a new business, the amount invested must be such as would normally be considered to establish a viable enterprise of the type contemplated. For an existing business, it must be proportional to the total value of the particular enterprise. There is no required amount for investment (generally $100,000 or more is preferred). The amount of permitted capital invested that comes from loans is limited as the funds must be considered "at risk."
The investment must create jobs for employees legal to work in the US
The person seeking the E2 investor visa must have a substantial role in the company (officer, manager, etc.). If applying as an investor, he or she must control at least 50% of the enterprise.

E-2 Visa Length:

The E2 investor visa is a non-immigrant visa valid for one to five years depending upon what the consulate grants. The principal investor may renew the E2 visa indefinitely (so long as the business conditions are maintained as described above), but he or she must nevertheless satisfy the consulate that they will depart the US upon expiration of the visa. The application for the E2 investor visa is made with the US Consulate in the investor's home country.

E-2 Investor Advantages:

The E2 investor visa does not lead to permanent resident status; however, it can be maintained for many years. To obtain permanent residence from investment in an enterprise, the applicant must invest $1,000,000 (or in some cases $500,000) and employ ten full-time workers. There are very important distinctions between the E2 treaty investor visa and the immigrant investor visa.

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