E Visas are for treaty traders and treaty investors. The E-2 treaty investor visa allows someone to enter and work in the United States based on a business investment they will be controlling while they are in the United States.
The E-2 business investor visa USCIS requirements are that 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
• 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.
USCIS requires a “substantial” investment to qualify for an E-2 visa. The business must be a “bona fide enterprise” that is active and “produces services or goods for profit.” The business investment guidelines for an E-2 visa do not have a specific amount, and investments as low as $25,000 have been approved. Applications are determined on a case-by-case basis, but the investment amount 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.
A foreign national can also apply for an E-2 visa as an employee of a treaty investor.
An E-2 visa is valid from three months to five years, depending on the country of origin, and can be extended indefinitely.
If you have investment visa or immigration questions contact our Chicago, Illinois immigration attorneys s at 855-554-6369.
