E-2 Treaty Investor
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. The investment funds must be at risk with the objective to generate a profit. The investment funds must be substantial to cover the cost of business purchase or creation; direction of business by treaty investor; insure the successful operation of the business.
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- Be a bona fide enterprise or real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
Under most circumstances, E-2 visas are granted for two years. However, this visa may be extended for additional two year periods.
The spouse and unmarried children who are under 21 years of age may apply to accompany or follow the E-2 visa holder. Their nationalities need not be the same as the treaty trader or employee. Spouses of E-2 workers may apply for employment and if approved, there is no specific restriction as to where the E-2 spouse may work. Additionally, approved dependents of E-2 visa holders may attend educational institutions within the United States.
Current Treaty Countries (Department of State) http://travel.state.gov/content/visas/en/fees/treaty.html