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E-2 Treaty Investor Visa

The E-2 Visa allows individuals from certain treaty countries to enter the United States to invest a substantial amount of capital in a U.S. business. The visa program contributes to the expansion of existing enterprises, the creation of new businesses, and the transfer of skills and expertise from abroad.

The investment may be to establish a new business, purchase an existing business, invest in a franchise, etc. Unlike the EB-5 Visa, there’s no fixed minimum investment amount stipulated by USCIS. However, the EB-5 visa is an immigrant visa, while the E-2 visa is a non-immigrant visa.

Requirements of the E-2 Treaty Investor Visa

To qualify for an E-2 Visa, individuals must meet certain eligibility criteria:

  • The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.
  • The investment must be for an active, operating business and not a passive or speculative investment.
  • There should be substantial investment, enough to ensure the success of the business and significantly impact the U.S. economy.
  • If the individual applying for the visa is not the investor, they must be in a management position at the company investing.
  • The applicant will have control of the investment, either through ownership of at least 50% of the enterprise or through operational control.
  • The applicant must intend to enter the United States solely to develop and direct the investment enterprise.

Navigating the complexities of E-2 Visa investment requirements can be daunting. It’s often beneficial for prospective applicants to seek guidance from immigration attorneys with experience in investor visas. Our lawyers can provide valuable insights and assist in preparing a robust application package to increase the likelihood of visa approval.

How to Apply for the E-2 Treaty Investor Visa

The application process for an E-2 Visa involves several steps and requires careful attention to detail. We will attempt to list a detailed application process below:

  1. Research the E-2 Visa requirements and ensure that you meet all eligibility criteria. This includes checking if your country is one of the treaty countries.
  2. Collect all necessary documentation to support your application. Such as:
    1. Form DS-160, Nonimmigrant Visa Application.
    2. Valid passport.
    3. Evidence of nationality from a treaty country.
    4. A comprehensive business plan outlining your investment venture.
    5. Proof of source of investment funds.
    6. Lease agreement or proof of property ownership for the business location.
    7. Any other relevant licenses or permits required for your business.
  3. Ensure your investment meets the E-2 Visa program requirements.
  4. Complete the application (Form DS-160) online.
  5. Schedule a visa interview at the U.S. embassy or your home country’s consulate.
  6. Thoroughly prepare for a visa interview by reviewing your application, supporting documents, investment plans, business goals, etc.
  7. Attend visa interview
  8. Provide additional documentation if required or requested.
  9. Await and receive the visa application decision.
  10. If your application is approved, you will receive your visa with instructions on when and how to enter the United States.
  11. Prepare for entry into the U.S., ensuring all necessary documents are available.

Benefits of an E-2 Treaty Investor Visa

The E-2 Visa has various advantages for its investors and their families. Some of these are listed below:

  • Investors are not restricted to any specific industry. They can pursue ventures that align with their interests, expertise, and market opportunities.
  • They can actively manage and direct their businesses, having greater control over their investment.
  • Dependents (spouses and unmarried children) of E-2 Visa holders can live, study, and work in the United States on derivative visas.
  • There is no cap on the number of E-2 Visas that can be issued each year.
  • You can continually renew the E-2 visa as long as you satisfy the visa requirements.
  • E-2 visa holders may eventually qualify for other immigrant visa categories like the EB-5 Investor Visa which offers a path to permanent residency and citizenship.

Other Related Visa Types

Some prospective applicants may not meet the E-2 Visa requirements. Especially if you are not from a treaty country, here are a few other options to consider:

EB-5 Investor Visa

The EB-5 Investor Visa program typically requires a higher minimum investment compared to the E-2 Visa. But they are generally more accessible to a broader range of investors. It is open to investors from any country.

Unlike the E-2 Visa which is a non-immigrant visa, the EB-5 visa, as an immigrant visa, offers a pathway to obtain a green card for the investor, their spouse, and their unmarried children under 21, provided certain conditions are met.

E-1 Treaty Trader Visa

The E-1 Treaty Trader Visa is a non-immigrant visa classification that allows individuals from certain treaty countries to enter the United States to engage in international trade.

It is designed to facilitate trade between the U.S. and treaty countries by enabling qualified individuals to conduct business activities within the country.

RELATED READ: E-1 vs E-2 Visa

L-1 Visa

The L-1 Visa is not targeted at investors. It is designed for intra-company transfers, allowing multinational companies to transfer executives, managers, and specialized knowledge employees to their U.S. offices.

Contact CFUIS – E-2 Treaty Investor Visa Lawyer

It is advisable to seek assistance from an immigration lawyer who specializes in E-2 visas as the application process can be complicated. You can reach out to our experienced attorneys. Call us today at 813-298-7222, email us, fill out our contact form, or schedule an appointment. With our knowledge and skills, we can ensure that your application meets all requirements and is presented positively. We offer detailed guidance on various aspects of the E-2 visa applications such as checking eligibility, applying, preparing for visa interviews, or seeking visa alternatives.