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E-2 Visa – Treaty Traders

E-2 visas are issued to persons who invest substantial amount of money in the United States to start their own business (E-2 business enterprise) or invest in already established business in the United States. E-2 visas are also issued to employees of E-2 investors who enter the United States to work for the U.S. business. These employees have to work in executive or supervisory position or provide essential services for the efficient operation of the U.S. business.

The following are the requirements for issuance of E-2 visa:

  • At least 50% of the E-2 business has to be owned by treaty country national.
  • Money has to be already invested or in the active stage of investing.
  • Funds invested must be "at risk", in other words, the investor must irrevocably commit funds to investment.
  • Original funds must come from legal activities or employment.
  • Investment must be "substantial." The test for substantiality is determined by comparing the nature of the business with the funds necessary to efficiently develop and operate the particular intended U.S. enterprise.
  • The E-2 enterprise cannot be marginal, meaning that the U.S. business has to have a present or future capacity to generate income more than what is needed to support the investor and his family.
  • The principal investor must "develop and direct" the E-2 enterprise and not just become an ordinary employee. This, however, does not apply to E-2 employees.
  • The principal investor must have a controlling interest in the U.S. enterprise (at least 50% ownership sufficient).
  • Investor must have the intent to depart the United States.

Employees of the E-2 investor also are given E-2 status. The employees must have the same nationality as the principal investor. E-2 employees must be working either as executives or supervisors or as an essential employee who have special qualifications needed for efficient operation of the U.S. enterprise.

E-1 or E-2 admission is for two (2) years. Spouse and children of E-1 or E-2 principal investor can apply for work authorization in the United States.

The following countries have an E-2 treaty agreement with the United States:

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia and Montenegro, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

 

Disclosure

We do not represent the Department of Homeland Security or any legal entity. All content on this site is strictly for informational purposes meant to help you make an informed decision regarding you, or your loved ones immigration to the U.S. Be sure to consult our immigration attorney for any legal advice.

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