E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa is a U.S. nonimmigrant visa designed for individuals who make an investment in a commercial enterprise in the United States. The E-2 Investor Visa allows a national of a treaty country to temporary come to the United States together with their spouses and children to live and work. E-2 Investor Visa allows the Investor or Entrepreneurs and their spouse and children to travel outside of the Unites States and re-enter.
“We use our expertise to advise you on all aspects of business immigration, capital raising and daily business operations to business growth strategies.”
In order to qualify for an E-2 Treaty Investor Visa, the Investor must meet certain minimum requirements, including:
• The Investor or Entrepreneur must be a national of a country with which the United States maintains a Treaty of Commerce and Navigation. There are currently about 80 countries with whom the United States has an E-2 Treaty. For a complete list of countries that qualify for an E-2 Investor Visa, please visit the U.S. Department of State’s Treaty Countries List.
• The Investor or Entrepreneur, must invest or is in the process of investing a substantial amount of capital in a business in the United States. There is no minimum amount of capital required to be invested, but instead substantial amount is a subjective threshold that depends on the nature of the business, the total of investment compared to the total cost of purchasing an established business in the specific sector or establishing a new one and the financial commitment required to ensure the successful operation of the enterprise. The investment must be large enough to make it likely that the investor will successfully develop and direct the enterprise.
• The capital invested must be at placed at risk in the U.S. business and must be subject to loss if investment fails. Further, the investment funds must not have been obtained, directly or indirectly, from criminal activity.
• The Investor or Entrepreneur must intent to develop and direct the U.S. company in which he or she invests. For E-2 Investor Visa purposes, the Investor or Entrepreneur cannot be a passive investor in a U.S. enterprise and must show that he or she owns at least 50% of the enterprise or possesses operational control through a managerial position or other corporate device. Certain employees of such an Investor or Entrepreneur or of a qualifying organization may also be eligible for E-2 Investor Visas.
In general, the E-2 Investor visa is granted for three months to five years depending on the specific treaty the United States has with each country. The E-2 Investor Visa can be renewed for the same length of stay and there are no limits to the number of renewals an Investor or Entrepreneur can petition.
For example, the maximum length for which an E-2 Investor Visa can be issued to an applicant who is a citizen of Mexico is one year. In the case of most citizens of European countries, the E-2 Investor Visa is issued for two (2) to five (5) years. Currently, the validity period for E-1 Treaty Trader and E-2 Investor visas issued to French nationals has been drastically reduced from 60 months (5 years) to a mere 15 months (a little over 1 year). The validity period for E-2 Investor Visa for nationals of Treaty countries is continuously revised and we recommend those interested to continue monitoring any updates.
For more information about the E-2 Investor Visa or to speak to our experienced immigration lawyers, contact us now.