What is E1/E2 Visa?
Treaty Investor E-2 VISA
Treaty Investor visas (E-2) is a non-immigrant visa for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation who wish to go to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2).
The Treaty Investor visa was established to facilitate and enhance economic interaction between the United States and other countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-2 visa holders must enter “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are non-immigrant visas and thus temporary. Treaty investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa.
The following requirements apply to the visa category E-2:
1. A treaty must exist between the United States and the foreign country under which treaty the E status is being requested;
2. Majority ownership or control of investment or trading company must be held by nationals of the foreign country under which treaty the E status is being requested;
In addition to the general rules listed above, which apply to those seeking an E-2 visa, the following special requirements apply:
1. Active Investment: The investor is required to make a commitment of funds that is real and active investment. Moreover, this investment should be irrevocable;
2. Substantial investment: The investment must be substantial, taking into account only the financial transactions in which the investor’s own resources are placed at risk;
3. Job creation: The investment may not be marginal in nature, that is, one that only supports the investor and his family; it should create job opportunities for US workers;
4. Essential Role in the Enterprise: The investor is required to fill a key role with the company, either as the investor who will develop and direct investment or as a qualified staff necessary for the development of investment.
The following countries have a treaty with the United States and its nationals are eligible for E-2 status:
Argentina, Australia, Austria, Belgium, Bosnia, Canada, Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras, Iran (with restrictions), Ireland, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Taiwan, Togo, Turkey, United Kingdom, Albania, Armenia, Bangladesh, Bulgaria, Cameroon, Congo, Czech Republic, Ecuador, Egypt, Estonia, Grenada, Georgia, Jamaica, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Morocco, Zaire, Panama , Poland, Romania, Senegal, Slovakia, Sri Lanka, Trinidad & Tobago, Tunisia, Ukraine.