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E2 Investor Visa

An E-2 treaty investor visa is a non-immigrant visa reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the United States. E-2 investor visas allows foreign investors to enter, live and work inside of the United States based on a substantial investment in a legitimate enterprise.

The E-2 visa and the EB-5 visa are both great opportunities to consider if you are an investor or entrepreneur looking to come to the US.

At first glance, both of these visas appear to be very similar. Both visas allow you to come, live and work in the US based on making an investment in a US business. Yet, both of these visas are very different in many ways.

The right visa for you will depend on your particular immigration goals and your individual circumstances.

When deciding to file a petition for an E-2 work visa, it’s important to be aware of the key E-2 visa requirements and individual guidelines for investors. US Citizenship and Immigration Services (USCIS) defines an E-2 investment as “the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture or purchasing a pre-existing business”.

The investor must invest or be in the process of investing in a company in the United States in a substantial amount (min. $ 100,000).

General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate means.

For further information click here.

It is also possible to apply for a change in your status from E-2 to another classification in order to pave your way to qualify for a US Green Card.

How to get E-2 if you are inside the US

If the contracted investor is currently in the United States with legal non-immigrant status, he or she can request a change of status to E-2 classification. If the required employee is currently in the United States with legal non-immigrant status, a qualified employer may file on behalf of the employee.

How to get E-2 classification if you are outside the US

An E-2 classification request cannot be made if the person is physically outside the United States.

After issuing a visa, the person can then contact a DHS immigration officer at the port of entry to the United States to enter the country as a non-immigrant E-2.

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

If interested, please contact our office for more information on E-2 non-immigrant visa.

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