E-2 Visa

The E-2 Visa is available to investors (person, partnership, or corporate entity) from treaty countries that are looking to come to the U.S. to direct and develop the enterprise in which they have committed funds or assets in the control of the investor.

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E-2 VISA TREATY INVESTORS

The E-2 Visa is available to investors (person, partnership, or corporate entity) from “treaty countries”(a country with which the United States maintains a treaty of commerce and navigation) that are looking to come to the U.S. to direct and develop the enterprise in which they have committed funds or assets in the control of the investor.

For more information about countries with which the United States maintains a treaty of commerce and navigation, please see (See treaty countries list)

GENERAL QUALIFICATIONS OF E-2 VISA

To qualify for the E-2 visa, the investor must have the following requirements:

  • The investor that comes to the U.S. under this treaty must be either the principal investor or an employee in a managerial, executive, or “highly specialized skill capacity”(skills which make the employee’s services essential to the efficient operation of the business)
  • Be a citizenship of the country with which the United States maintains a treaty of commerce and navigation
  • Be seeking to come to the United States only to develop and direct the enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control.
  • The enterprise must be either commercial or entrepreneurial, but it must already be operating and active; and the enterprise must be capable of generating an economic impact that will create jobs and incomes for families in the U.S.

PERIOD OF STAY

The treaty investors and the employees will be allowed to the United Stats for a maximum initial stay of two years. An extension of stay may be given in increments of up to two years each. There is no maximum limit to the number of extensions in an E-2 visa. The only requirement is that all investors under an E-2 visa must have the intention to leave the United States when their status expires.

TERMS AND CONDITIONS FOR THE E-2

The following terms and conditions are necessary for investors and employees under an E-2 visa:

  • The investor may only work in the activity for which the classification was granted.
  • An E-2 employee, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the: (relationships between the organizations are establish, the company or its subsidiaries requires executive, supervisor, managerial or other special skills)

FAMILY OF E-2 INVESTORS AND EMPLOYEES

The investors and the employees may be followed by spouses and unmarried children who are under 21 years old, they may seek an E-2 nonimmigrant classification as dependents and Their nationalities don’t need to be the same as the treaty investor or the employee. These family members generally will be granted the same period of stay as the employee.

HOW TO APPLY FOR THE E-2 VISA (FORMS)

To apply for an E-2 classification, the investors and employees have two options:

  1. If the treaty investor or employee are currently in the United States in a lawful nonimmigrant status, they need to file Form I-129 (See Form I-129) to request a change of status to E-2 classification.
  2. If the treaty investor or employee are currently outside the United States they don’t need to file Form I-129. Interest parties should refer to an immigration lawyer for further information about how to apply.

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