Nonimmigrant Treaty Investor (E-2)
Who Gets It?
E-2 visas are granted to individuals born to a country that has positive investment agreements with the United States. The United States allows them to enter when they make a substantial investment in a U.S. business and if they intend to develop and direct the business in a significant way.
What the USCIS/Consulate Wants to See?
The USCIS/Consulate wants to see documentation and a written explanation the nature of the business, the purposes of the trade activity, and, the funds you have invested into the business. They usually look for the following major components.
To qualify for E-2 classification, a treaty investor must:
Employee of a Treaty Investor
- The investor should be a national of a country with which the United States maintains a treaty of commerce and navigation.
- The investor have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
- Investor must own at least 50% of the business.
- Submissions must establish how the capital was invested into the business and that the capital is substantial.
- Submissions must establish that commercial activity can begin once the visa is granted or has already been underway.
- Submission must establish that the visa seeker is qualified to develop and direct the investment business.
To qualify for E-2 classification, the employee of a treaty investor must:
1. Be the same nationality of the principal alien employer (who must
have the nationality of the treaty country)
2. Meet the definition of “employee” under relevant law
3. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
What the USCIS/Consulate Does Not Want to See?
The USCIS/Consulate will call into question an E-2 petition based on a number of factors. These are the issues that have been raised in the past. Be aware that the USCIS can take issue with just about anything, so this list is nowhere near complete.
- Evidence that there is no treaty relationship between the visa seeker’s country of origin and the United States.
- Evidence that the visa seeker will not make enough money from the business to support more than just their living expenses.
- Evidence that the visa seeker has not made a substantial investment in the business.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.