E2 Visa (Treaty Investors)

The E2 Treaty Investor visa allows nationals from countries that have treaties of commerce and navigation or bilateral agreements in effect with the U.S., to enter the U.S. for the purpose of directing and developing the operations of an enterprise they have invested in, or are in the process of investing a substantial amount of capital.
 
I. Benefits of the E2 Visa
   
A.    You can work legally in the U.S. for a U.S. company that is the subject of the investment

 
B.    You can travel freely in and out of the U.S. while on a valid E2 visa

 
C.    You can stay on a prolonged basis with unlimited two year extensions as long as you maintain valid E2 status

 
D.    You may bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.

 
E.    Your spouse may seek employment by applying for an employment authorization document
 
II. Requirements for the E2 Visa
   
  To qualify for the E2 visa, you must fulfill the following requirements:


 
A.    You must be a national of a treaty country
   
  You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E2 visa purposes.

Treaty countries currently include: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.


 
B.    Your investment must be substantial
   
  It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
C.    Your investment must be in a real operating commercial enterprise
   
  Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.


 
D.    Your investment may not be marginal
   
  The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.


 
E.    You must have Control of Funds and Bear the Risk of Investment
   
  You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise only are not considered to be at risk.
III. Applying for the E2 US Investor Visa
 
 
To apply for an E2 US investor visa, you must first establish that the enterprise meets the requirements of law. You may also be required to provide evidence, which demonstrates that your stay in the U.S. will be temporary. Your E2 visa application must include:

 
A.    DOS Form DS-156, Nonimmigrant Visa Application

 
B.    DOS Form DS-156E, Nonimmigrant Treaty Trader / Investor Application

 
C.    DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

 
D.    A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

 
E.    Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

 
F.    Business Plan outlining future investment scheme
G.    Your curriculum vitae

 
H.    Evidence that you will be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm

 
I.    Evidence of possession and control of investment funds (bank records, financial statements, loans, savings, or promissory notes)

 
J.    Evidence of remittance to the U.S. (bank drafts, transfers exchange permits or receipts.)

 
K.    Evidence of establishment of business in the U.S. (articles of incorporation, partnership agreement, organization and staffing charts, shares, titles, contracts, receipts, licenses or leases.)

 
L.    Evidence of the nationality of the investors/traders (passports, articles of incorporation of parent company or stock exchange listings.)

 
M.    Evidence of investment in the U.S. (titles, receipts, contracts, loans or bank statements.)

 
N.    Evidence of substantiality (financial statements, audits, U.S. corporate or business tax returns.)

 
O.    Evidence that the enterprise is not marginal (payroll records, IRS Form 941, personal tax returns, evidence of other personal assets and income)

 
P.    Evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate)
 
IV. Duration of Stay
 
  E2 visa, initially, is issued for a five-year period. You can obtain E2 status extensions for up to two years at a time from the U.S. Citizenship and Immigration Services (USCIS). Since there is no limit on the number of extensions you may obtain, you can stay in the U.S. indefinitely.

 

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