What is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a nonimmigrant visa that allows nationals of certain countries to come to the United States to live and work after making a substantial investment into a U.S. business. This is one of the most popular U.S. business visas; however, it is also one of the hardest to obtain. If you are looking to apply for an E-2 Visa, read on to learn what you need to know about this visa category.

Who Can Apply for an E-2 Visa?

  • Nationals, citizens, and companies from “treaty countries,” which are countries that have treaties of commerce and navigation with the United States.
  • Individuals who have invested a substantial amount of money into a business in the United States or are in the process of doing so.
  • Individuals who intend to come to the United States to develop and direct a U.S. business of which they own at least 50%.

Where Can Someone Apply for the E-2 Visa?

  • If an E-2 applicant has been legally admitted into the United States under a different visa and is in lawful status, then they can apply for a change of status by filing an I-129 petition.
  • On the other hand, E-2 applicants who live abroad can apply at the corresponding U.S. embassy or consulate. It is important to note that each U.S. consulate has its own including evidence requirements, page limits, and filing rules for the E-2 Visa.

E-2 Treaty Investor Visa Requirements

  • E-2 applicants must be nationals or citizens of treaty countries
  • E-2 investments must be substantial
  • E-2 businesses must be real and operating enterprises
  • E-2 businesses must not be marginal
  • E-2 investors must have real financial risk
  • E-2 investors must intend to actively develop and direct their E-2 businesses
  • E-2 investors must be able to prove the invested funds come from a lawful source

Benefits of the E-2 Treaty Investor Visa

  • E-2 Visa holders can legally live and work in the United States
  • E-2 Visa holders can apply for extensions indefinitely as long as they qualify
  • The spouse of an E-2 Visa holder is can apply for a work authorization
  • Unmarried children of an E-2 Visa holder can live in the United States until they turn 21
  • Premium processing, which allows applicants to obtain faster adjudication, is available for change of status applications.

For How Long Will an E-2 Visa Be Valid?

The E-2 Treaty Investor Visa has that name because the treaties the U.S. maintains with the qualifying countries have a big impact on the visa itself. The agreements between these qualifying countries and the United States govern this visa category, which essentially means that the time an E-2 Visa remains valid varies from treaty country to treaty country.

Once an E-2 treaty investor enters the United States, they can remain in the country for two years, which gives them enough time to prove that their E-2 business is viable. Nationals of some countries are granted multiple entries to the United States. In those cases, visa holders obtain two years of E-2 status even if they reenter the country the day before their E-2 visa expires. However, if an E-2 investor’s visa expires before they reenter the country, then they will need to submit a new E-2 Visa application.

Are you considering applying for an E-2 visa? If the answer is yes, Florida Immigration Attorney Romy B. Jurado can help you make sure your application is bulletproof. Call (305) 921-0976 or send an email to [email protected] to schedule an initial consultation.