THE E-2 TREATY INVESTOR (investment of capital in a new or existing enterprise)
Foreign nationals with capital to invest in a new or existing U.S. business who will come to the U.S. to develop and direct the new or existing business could qualify for an E-2 treaty investor visa.
The following elements must be met:
The investor, either a real or corporate person, must be a national of a treaty country;
(Are you from a country with a qualifying treaty? click hereto find out.)
The investment must be substantial & sufficient enough to ensure the successful operation of the enterprise.
NOTE: US CIS has defined substantial to mean that the percentage of investment for the business must be substantial in proportion to the overall cost of operating the business. For instance, the lower the cost of the enterprise, the higher the investment must be.
The investment funds must be actively invested in a real operating enterprise.
NOTE: Approval will not be given for investments which are only speculative or idle in nature. Similarly, uncommitted funds in a bank account or similar security are not considered an investment.
The investment cannot be marginal & must generate significantly more income than just providing a living to the investor and his family; or it must have a significant economic impact in the United States;
The investor must have controlof the funds;
The investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
The investor must develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.
If the foreign national is not the principal investor, but rather an employee of the enterprise, or if a company seeks to send employees to the United States to work for the U.S. company, the following additional requirements must be met:
Both the enterprise and the employee must share the same nationality (i.e. French);
The enterprise must be at least 50% owned or controlled by a foreign investor of the same nationality as the employee;
The employee must be coming to the US to perform work in a supervisory, executive or highly skilledcapacity on behalf of the enterprise (general labor or work duties will not suffice);
As each investment opportunity and business enterprise presents its own unique set of circumstances, the approval of the visa application is incumbent upon presenting the business enterprise and investment opportunity in the best light. If you believe that you may qualify for an E visa, contact our office to discuss your situation further.
NOTE: The E visa for an employee is different from that of an Intracompany transferee or L1 visa discussed further here. The E1 or E2 visa is very flexible in that a person may remain in the U.S. in E status for as long as the enterprise continues to operate. Also, dependents and spouses of the principal E visa holder may also enter and remain in the U.S. with the principal E visa holder. Spouses of the E visa principal are also eligible to obtain work authorization.
Required Documentation for E Visa Applicants
Each applicant for the visa must pay a nonrefundable US$100 application fee and submit:
An application Form DS-156E , completed and signed. Blank forms are available without charge at all U.S. consular offices.
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete an application.
One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).
Evidence that the applicant meets the requirements for E visa status.
As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants vary from country to country. Early application is strongly suggested.
