E-2 Treaty Investors Visa Overview
E-2 Treaty Investors Visa or E-2 Visa is an investment based non-immigrant visa that provides an opportunity for foreign investors to invest and live in the United States. If you are a business owner or entrepreneur from one of the Treaty countries, and you plan to develop and direct the operations of an enterprise in which you have invested, or, of an enterprise in which you are actively in the process of investing a “substantial amount” of capital as required by the Immigration and Nationality Act that will create jobs in the United States, then the E-2 Visa may be the appropriate visa for you.
Who is eligible for an E-2 Treaty Investors Visa?
- Citizens from one of the Treaty countries.
Click hereto see the list of Treaty counties that are eligible for an E-2 Treaty Investor Visa.
- Entrepreneurs/Nationals making a “substantial” and “non-marginal investment in to a United States company/enterprise;
- E2 visas are for principal investors of the company (ie. Owning at least 50% of the company) as well as nationals of the treaty country that will be employed as managers or essential skills employees.
- Spouses and children of the E-2 visa holders
Advantages of E-2 Treaty Investors Visa over other Visas
- No minimal requirement of investment, but rather the investment must be “substantial” for the type of business. The term “substantial” can often be a subjective term and generally indicates an investment that is sufficient to make the business successful as opposed to a “speculative” investment.
- The investment must be “non-marginal”. In other words, the business should generate sufficient income to provide beyond the investor and the investor’s family, which generally means job creation.
- An E2 investor can either purchase an existing business or form a new business.
- E2 visas can be renewed indefinitely and in some cases can be granted in 5 year increments. .
- Your spouse and children can be included in the E-2 visa application as dependents.
- Your spouse will be eligible for employment authorization and your minor children can study in the U.S. while you’re on your E-2 visa status.
- The E-2 investment can also be applied to an EB-5 Green Card Investment, in some circumstances and potentially allow the E-2 investor to remain in the US while waiting for the EB-5 green card to be adjudicated.