E-2 Treaty Investors Visa

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. 

Certain employees and dependent family members of such a person or of a qualifying organization may also be eligible for this classification.

General Qualifications of a Treaty Investor:

To qualify for E-2 classification, 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.

A substantial amount of capital is:

·         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.

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