Are you making an investment in a United States business? If you’re a national of a treaty country, or a country that maintains a treaty of commerce and navigation with the US, then you may be eligible for the E-2 Treaty Investor visa. This nonimmigrant visa allows treaty investors to enter the country for the purpose of managing an investment they made in a US business. Get to know some of the general facts, qualifications, and conditions about the E-2 visa before you begin your application.

Difference between E-1 and E-2 classification

Both the E-1 Treaty Trader visa and the E-2 Treaty Investor visa permit temporary entry to the US for beneficiaries who are citizens of treaty countries. While the E-2 visa is reserved for investors, the E-1 applies to those who seek to enter the country for the purpose of international trade.

Qualifications for an E-2 treaty investor

As the E-2 applicant, you must be a national of a treaty country, and you must invest a substantial amount of capital in a US-based commercial project, business, or other undertaking. The undertaking must be bona fide, meaning it must be a real, active enterprise that meets all of its legal requirements. The investment can be a work in progress or one you’ve already made. Your investment enterprise should be your sole reason for entering the country—in other words, you are only entering the US to develop and direct the seeds of your investment. You will need to show that you own at least 50% of the enterprise or have the same degree of operational control.

When it comes to the investment itself, you must also demonstrate the following:

• The funds were not obtained from criminal activity.

• The amount is substantial, or comparable to the cost of starting up a new enterprise or buying an existing one.

• The amount is large enough to ensure you commit to the enterprise’s success.

• The amount supports your likelihood of success. The investment’s proportion to the cost of the enterprise will be used to measure whether the amount is substantial.

You can apply as the employee of a qualifying person or organization, as long as your role in the company is specialized or essential to its operations. You must be a legal employee, as well as a national of the same treaty country as your principal employer. If your employer is an enterprise or organization, as opposed to an individual, it must be owned at least 50% by people in the US who share the treaty country nationality.

Additional information

If you are approved for an E-2 Treaty Investor visa, you can stay in the US for up to two years and request extensions every two years on an unlimited basis. You can also bring your spouse or unmarried children under 21, who can apply for E-2 nonimmigrant classification as dependents for the same length of time.

If you’re still unsure whether the E-2 Treaty Investor visa applies to you, you may want to seek professional counsel. You can find the answers you need at Sánchez-Roig Law Firm, P.A. Speak with one of our experienced immigration attorneys to get the best possible start to your visa application and ensure compliance with all relevant immigration laws.