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E-2 Treaty Investor Visa

Business Development Consultant

Business Performance Consultants are able to put you as an immigrant in touch with a business in the United States which is ready to buy and are able to make these connections in most states. No matter which state you want to immigrate to, we can help you and that includes providing a referral to attorneys specializing in the services required to process your E-2 or E-5 Visa application for the United States of America.

E-2 Treaty Investors Visa

The E-2 Treaty Investor Visa has a classification of non-immigrant E-2 and is designed for anyone who is a national of a foreign country that meets the qualifications. This person must have a qualifying treat of navigation, commerce, friendship or something similar within the United States. If you are a national, either an individual or a company, of one of the countries that has a treaty with the USA, you can get a visa that allows you to work in the United States with the intention of directing and developing your investment with the country.

This E-2 visa is specifically designed for individuals who are entering the United States with the intention of making a substantial investment in the form of capital or who have already invested funds in an entity. In case of the second option, they must be coming to the United States in order to develop and direct the business operations of this entity that they have previously invested funds in. E-2 admissions do not have any numerical limitations and there are two ways to qualify. You can do so in the form of the principal investor or the other option is to be an employee of a company of the same nationality that is investing.

If you have any personal questions about the process, contact us.

If you enter with the E-2 treaty investor visa you as a foreign entrepreneur will be carrying out trade and investment activities that can include purchasing a new business. Your investment must be significantly proportional with the total investment which in most cases means the amount needed to create a new business or at least half the enterprise’s total value.

If you are an alien from a treaty country who has a made one of these substantial investments you may qualify. Although there is no minimum investment amount it is less likely that you will qualify with a lower investment. Because of this it is important to have a level of investment that justifies your presence as a treaty national within the USA. Because the investment needs to occur with an operating business you cannot qualify by having a speculative investment on undeveloped land but probably could with a real estate development investment. You also must make a large amount of the investment before you apply for the E-2 visa.

E-2 Treaty Investors Visa Requirements:

  • You as the alien must be a citizen of a country that has a treaty trade or investment and you also must be involved in some sort of international trade.
  • Your enterprise needs to be an active entrepreneurial undertaking or real and operating commercial enterprise that produces a commodity or service.
  • The investment itself must come from you the investor and the money has to be considered “at risk.” This means that a loan cannot qualify if it is secured based on the business’s assets; it must be secured by your own personal assets.
  • The investment needs to be substantial and the definition of this depends on the type of enterprise you are engaging in.
  • You can only qualify for the E-2 visa if you are supervisory or managerial personnel; you cannot if you are an unskilled worker or other worker with ordinary skills. It is possible, however, to qualify for the visa if you have special qualifications which make your services essential to the efficiency of the enterprise’s operation.
  • The principal investor which is the person who directs and develops the enterprise is one of the aliens that can qualify as a treaty investor.
  • It is necessary that the company which qualifies is owned at least 50 percent by people from the treat country, specifically those who are not currently lawful permanent residents within the United States. If the owners of the company are located within the United States, they are required to have an E-1 or E-2 status.
  • The investment cannot be passive; it must be active and real. In other words a non-for-profit organization, undeveloped stocks or land or a bank account do not qualify.
  • The E-2 visa holder may be one of the following positions: they may be the investor or they can be an employee of the company or individual making the investment.
  • Both the applicant and the investment funds need to come from within one Treaty Country.
  • The business investment cannot only be designed to provide a living for the visa applicant; it also must generate income or other economic benefit for other people or provide job opportunities.
  • The alien can be an immediate family member of the principle holder of the E-1 visa.

E-2 Treaty Investors Visa Countries

The following list of countries has treaties which allow nationals who qualify to apply for status as a Treaty Trader:

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

Procedure For Filing for an E-2 Visa

  • If you already have a lawful status within the United States, you can submit the visa application at a USCIS field office (within the US) to allow for a change of employment, extension of stay or change of status.
  • If the alien is located outside of the United States, you do not need a petition for employment. Instead you can apply for the E-1 visa at any US consular office located abroad.

E-2 Treaty Required Documents

  • Form DS 160 which is Non Immigrant Visa Applicant
  • Form DS 160E which is Treaty Trader/Investor Application
  • Documents that establish the nationality of the company
  • A letter from the employers that includes the alien’s position as well as their specialized skills and qualifications which make their services essential
  • Any other relevant documents (birth and marriage certificates for family members and alien)
  • A passport that allows travel to the United States and is valid for six months past the intended length of stay
  • Two photos of every person that is included in the application for visa
  • Evidence of control and possession of investment funds and a business plan that outlines the future investment scheme