The E-2 Treaty Investor Visa is a non-immigrant visa available to foreign nationals from countries that have a commerce or navigation treaty with the United States. It allows individuals to enter the U.S. to invest in and manage a substantial business. This visa category is particularly attractive to entrepreneurs, investors, and business owners who wish to start or expand their business operations in the U.S. without needing to apply for permanent residency.
Eligibility Requirements
To qualify for an E-2 visa, the applicant must meet several key requirements:
- Citizenship: The investor must be a citizen of a treaty country.
- Substantial Investment: The investment must be substantial, typically requiring the applicant to show significant financial commitment to the business, though there is no fixed minimum amount.
- Real and Operating Enterprise: The investment must be in a real and operating commercial enterprise, meaning it cannot be speculative or marginal in nature.
- Control of Funds: The investor must have control of the funds, and the business should generate enough income to support both the investor and their family or have the capacity to do so in the near future.
Benefits of the E-2 Visa
The E-2 visa provides considerable flexibility. Investors can stay in the U.S. for an initial period of two years, with unlimited two-year extensions available as long as the business continues to operate successfully. Spouses and unmarried children under 21 can accompany the primary visa holder, and spouses are eligible to apply for work authorization.
Path to Permanent Residency
However, it’s important to note that the E-2 visa does not directly lead to a green card or permanent residency, though there may be an indirect path to permanent residence. It remains a temporary visa that hinges on the ongoing success of the investment. Still, it offers a highly beneficial pathway for foreign investors to live and work in the U.S. while overseeing their business ventures.
Treaty Countries
For a list of countries that have a treaty with the U.S. and whose citizens are eligible for an E-2 Treaty Investor visa, see the following chart: Treaty Countries
Get Assistance
This visa has been a source of economic growth for the U.S. economy as well as prosperity for many foreign investors in the U.S. Contact the Law Office of Gregory J. Eck for help with your E-2 visa application, especially if you wish to leverage your E-2 to obtain permanent residence.