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E-2 Visa
The E-2 Treaty Investor visa is a nonimmigrant visa for nationals of a country with which the U.S. maintains a treaty of commerce and navigation who wish to enter the U.S. to direct and develop a commercial enterprise in which they have invested a substantial amount of capital. It also applies to certain employees of the investor.
Here is a summary of the key requirements and details for the E-2 visa:
1. Requirements for the Investor (Principal Applicant)
Treaty Country Nationality: The investor must be a national of a country that has a treaty of commerce and navigation with the U.S.
Enterprise Nationality: The U.S. enterprise must have the nationality of the treaty country (i.e., at least 50% owned by nationals of the treaty country).
Substantial Investment: The investor must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.
No Fixed Minimum: There is no specific minimum dollar amount, but the investment must be substantial in proportion to the total cost of purchasing or establishing the enterprise. It must be sufficient to ensure the successful operation of the business.
At Risk: The funds must be irrevocably committed and “at risk” (not just uncommitted funds in a bank account).
Not Marginal: The enterprise must be a real and operating commercial entity that generates more than enough income to provide a minimal living for the investor and their family, or have a significant economic impact.
Develop and Direct: The investor must be seeking to enter the U.S. solely to develop and direct the investment enterprise. This is typically established by showing at least 50% ownership or possession of operational control.
Intent to Depart: The investor must intend to depart the U.S. when their E-2 status expires.
2. Requirements for Employees
Employees of a qualified E-2 investor or enterprise can also be eligible if they:
Same Nationality: Have the same nationality as the principal investor/enterprise.
Qualifying Role: Are destined for an executive or supervisory position, OR possess special qualifications essential to the efficient operation of the enterprise (ordinary skilled or unskilled workers do not qualify).
3. Duration and Renewal
Initial Period: E-2 visas are typically issued for a maximum of five years, but the period of stay granted upon entry to the U.S. is usually two years.
Unlimited Renewal: As long as the business continues to meet all the requirements, the E-2 status can be extended indefinitely (usually in two-year increments).
4. Family Members
Spouse and Children: The spouse and unmarried children under 21 years of age are also eligible for dependent E-2 classification, regardless of their nationality.
Work Authorization for Spouses: E-2 spouses are generally authorized to work in the U.S. for any employer. Children, however, are not.
5. Application Process
The initial E-2 visa application is generally filed directly with the U.S. Embassy or Consulate in the applicant’s country of nationality. Key documents typically include:
Completed Form DS-160 and, for employees/managers, Form DS-156E.
Passport and photograph.
Extensive documentation proving the nationality of the investor and the enterprise.
Comprehensive documentation demonstrating the substantial and at-risk investment, the source of funds, and the bona fide nature of the enterprise (e.g., business plan, financial statements, contracts, leases, wire transfers, etc.).
Proof of the applicant’s qualifying role (investor, executive, supervisor, or essential employee).