Treater Investors and Qualified Employees – E-2

Business Immigration: E-2 Treaty Investor Visa

The E-2 Trader Investor visa allows nationals of a country that maintains commercial and navigation treaties with the United States to enter and reside in the United States while making a significant investment of monetary value in the United States. The U.S. Department of State maintains a list of qualifying countries. Certain employees of the qualifying organization can also apply for the E-2 Treaty Investor Visa – see below.

E-2 Treaty Investor Eligibility

In order to qualify for the E-2 Treaty Investor Visa, the investor:

• Must be a citizen of the treaty nation
• Must have invested or actively involved in the process of investing a significant amount of money in a legal enterprise based in the United States with the aim of producing goods and/or services for profit. The objective of the investment is to generate profit, however, the investment must also be subject to losses.
• Must be looking to enter the United States for the purpose of developing and managing the enterprise. The investor must show that they have ownership of at least 50% of the business or that they have managerial control of the entity via other means.
• Must have the same citizenship as a Treaty Investor and be employed by the Treaty Investor.
• Must be employed in a Managerial capacity or must have special skills which make the essential part of the Treaty Investor’s operations.
• Must be an organization that is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.

The investment capital may not be marginal. That is to say that investment must be substantial and sufficient in either an existing or new entity being created to ensure the successful operation of the entity. A capital investment that does not have the capacity to generate enough income to support the treaty investor and their dependants may not be allowed unless the new entity shows that it can demonstrate a plan to generate sufficient income five years from the date that the E-2 visa was issued.

Period of Stay

A treaty Investor or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years before the initial period expires. There is no limit on the number of extensions a treaty investor can apply for.

Family of E-2 Treaty Investor

The family members of E-2 Treaty Investor or employees may also apply for dependent E-2 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and would be able to work without specific restrictions.

How can we help?

The Law Offices of Trupti N Patel & Associates – Business Immigration Attorneys, Boston – have experience in obtaining E-Treaty Investor visas on behalf of their clients. If you are looking for an experienced Immigration Attorney to help you or your organization apply for an E-2 visa, please call us at (617) 367-6750.

If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office