E-2 Visa – Treaty Investor Visa

Overview

The E-2 visa allows nationals of treaty countries to enter the United States to invest in, develop, and direct the operations of a U.S. business. It provides a pathway for entrepreneurs seeking to establish or expand their business in the U.S.

Who Qualifies for an E-2 Visa?

• Treaty Country National: You must be a citizen of a country that maintains a treaty of commerce and navigation with the United States.
• Investment: You must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.
• Ownership & Control: You must own at least 50% of the enterprise or possess operational control through a managerial position or other corporate device.
• Real Business: The enterprise must be a genuine, active commercial or entrepreneurial undertaking.
• Economic Impact: The investment must have the capacity to generate employment or economic benefits in the U.S.

How to Apply

1. Prepare Your Documentation:
   • Proof of nationality of your treaty country
   • Evidence of the investment (bank statements, transfer receipts, etc.)
   • Business plan outlining the enterprise’s operations and growth potential
   • Evidence of ownership/control of the enterprise
   • Proof the business is active and not marginal
2. Submit Your Application:If outside the U.S.: Apply at a U.S. consulate or embassy in your home country.
   If inside the U.S.: File a petition using Form I-129 with USCIS.
3. Attend Visa Interview:Attend an interview at the U.S. consulate or embassy. Present all supporting documents and evidence.
4. Receive Visa Approval:Upon approval, you will receive the E-2 visa stamp in your passport.
5. Enter the U.S.:Travel to the U.S. and begin managing or developing your enterprise.

Benefits of an E-2 Visa

• Renewable: E-2 visas can be renewed indefinitely as long as the investment and business conditions are maintained.
• Family: E-2 visa holders can bring their spouse and unmarried children under 21 to live in the U.S. — spouses can also apply for work authorization.
• No Quota Limits: There are no annual caps or quotas for E-2 visas.

Limitations and Important Considerations

• The E-2 visa is non-immigrant and does not directly lead to permanent residence.
• The investment must be at risk and committed to the enterprise.
• The visa is tied to the specific enterprise; changes in ownership or business operations may require a new application.