The E-2 Treaty Investor Visa is an excellent option for foreign investors from eligible countries seeking to enter the United States to establish a new commercial enterprise. In this article, you will discover what applicants need to bring to the E-2 interview.  

E2 Treaty Investor Visa – What You Need to Know 

The United States Citizenship and Immigration Services (USCIS) has several visa categories based on different eligibility criteria. The E-2 classification is restricted to investors from treaty countries. 

A treaty country is a country: 

  • With which the United States maintains a treaty of commerce and navigation 
  • With which the United States maintains a qualifying international agreement, or  
  • Which has been deemed a qualifying country by legislation 

To qualify for E-2 status, the treaty investor must have invested (or be actively in the process of investing) a “substantial amount of capital” in US bona fide enterprise.  

Additionally, USCIS requires the applicant to be “seeking to enter the United States solely to develop and direct the investment enterprise,” which can be established by showing at least 50% ownership of the enterprise or possession of operational control in the company. 

The E-2 classification has no minimum cap to determine what a “substantial amount of capital” is. USCIS specifies that the amount invested must be: 

  • “Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one 
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise 
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial” 

What Do I Need to Bring to My E2 Interview? – In Detail 

Whether an eligible foreign investor wants to apply for E-2 classification while living in the United States or abroad, the application will go through a similar processing period.  

The difference is that applications filed abroad generally require prospective E-2 investors to attend an interview at a US Consulate or Embassy. Considering applicants have already invested a robust amount of money in a US business, paying attention to the nuances involved in the process can avoid costly delays and denials. 

Before the interview, the Consulate or Embassy through which the foreign investor is applying will notify him or her and specify the documents required in the interview. In most cases, the documentation includes: 

  • The applicant’s DS-160 (Online Nonimmigrant Visa Application) confirmation page 
  • The interview confirmation  
  • The applicant’s passport 
  • A hard copy of the application document package 

A credit card may be necessary to pay the applicable reciprocity fee. During the interview, applicants should dress professionally and focus on answering the officer’s questions as precisely as possible.  

Solid preparation can make a gigantic difference in the outcome of the interview. Applicants must review the relevant documents and prepare to explain the elements that demonstrate their qualification to enter the United States under E-2 status. 

Knowing the specific investment amount and showing a solid grasp of the financials of the proposed endeavor is also crucial to convince the officer in charge of the interview. 

Ensure a Successful E2 Application – Work with an Expert Immigration Attorney Today 

A well-versed legal advisor in US immigration law, Attorney Romy B. Jurado willingly wants to help you succeed. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.