Treaty Investor (E2) Visa

The E categories are designated for aliens engaged in international trade or investment between the United States and the alien’s country of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent with the U.S.  A Treaty Country includes a foreign state that is accorded treaty visa privileges under section 101(a)(15)(e) of the INA by specific legislation.  A listing of countries with whom the U.S. currently has treaties can be downloaded from the State Department’s Foreign Affairs Manual.

For the alien to visit the U.S. temporarily for trading or investing purposes, the requirements outlined in the Code of Federal Regulations must be met.  Potential applicants should studiously review those regulations.

Treaty Investor (E-2) :

The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which s/he has invested, or is actively involved in the process of investing, a substantial amount of capital.

There is no petitioning process for the E categories.  If outside of the U.S., the alien may apply for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad.  If the alien is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment.

Application Requirements :

  • The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be
        subject to loss if the investment fails;
  • Evidence must show the investor is a national of a country with whom the U.S. has the requisite treaty or agreement;
  • The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise)
        must show that s/he will direct or develop the enterprise.  The alien must demonstrate that s/he controls the enterprise by showing
        ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate
        device or by other means;
  • The investor must demonstrate that s/he has invested in or is actively in the process of investing in the enterprise; The investment is
        substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to
        support the likelihood that the investor will successfully direct and develop the enterprise;
  • Evidence must show the investment enterprise is not a marginal enterprise;
  • If the applicant is not the principal investor, s/he must be employed in an executive or supervisory capacity, or possess skills that are
        highly specialized and essential to the operations of the commercial enterprise.  Ordinary skilled or unskilled workers do not qualify.
  • The applicant must show that s/he intends to depart the U.S. upon the expiration of E-2 status.
  • Notes:

    Dependents (spouses and unmarried children under 21 years of age) of an E-2 alien will be admitted under the same classification as the principal.  The dependent spouse and child(ren) are not required to have the same nationality as the principal alien.

    The spouse of an E-2 can now file for work authorization.

    There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

    The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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