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E-2 Treaty Investor Visa

An E-2 visa is a type of nonimmigrant visa that allows a national of a treaty country to enter the…

An E-2 visa is a type of nonimmigrant visa that allows a national of a treaty country to enter the U.S if they have invested a substantial amount of capital in a U.S. business. It is an ideal visa for foreign entrepreneurs who want to establish a business in the U.S. The E-2 visa is available to citizens of over 30 countries that maintain treaties of commerce and navigation with the U.S., or countries with which the U.S. has a qualifying international agreement, or which have been determined as qualifying countries based on legislation. The E-2 investor must be a citizen of the treaty country, and they must provide documents such as their passport, birth certificate, or other proof of citizenship.

E-2 visa requirements

To qualify for an E-2 visa, treaty investors must have a substantial amount of funds to invest in a business. They must also meet the following conditions:

  • While there is no specified minimum investment required, it is generally recommended that applicants invest at least $50,000 to $200,000 USD in a business, and the investment must be irrevocable
  • The investor must hold a controlling interest in the U.S. company and plan to direct and build the company in the U.S.
  • The investor must prove that the business was established in the U.S., by providing a lease, incorporation documents, receipts, invoices, etc.
  • The U.S. company must also be a real and operating business, which can be proven by providing the annual report, brochures, etc.
  • The investor or employee may only work in the activity for which he or she was approved at the time the classification was granted
  • The investor must also prove that the business isn’t marginal, by submitting documents such as payroll copies, personal bank statements, and personal tax returns

Additionally, an E-2 visa holder may generally be granted an automatic two-year period of readmission when returning to the U.S. after traveling, if they are still determined to be admissible. Spouses and unmarried children under age 21 may accompany or follow the E-2 investor or employee to the U.S.

Benefits of E-2

There are various benefits to holding E-2 status in the U.S., but the most important of these are that E-2 treaty investors can extend their visas indefinitely, or for as long as the business is in operation. E-2 dependents are also eligible for work permission in the U.S., as long as the principal investor still holds this status.

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