E-2 Treaty Investors

The following information describes the E-2 Treaty Investor Visa for persons wishing to invest in a business in the U.S. Please note that the E Visa is not a substitute for an immigrant visa. Persons wishing to remain permanently in the U.S. should apply for the appropriate immigrant visa.

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Investor visa.

Eligibility Requirements: Treaty Investor Visa (E-2 Visa)

- The investor, either a real or corporate person, must be a national of a treaty country; (see 9 FAM 41.51.2)
- The applicant has invested or is in the process of investing (see 9 FAM 41.51);
- The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; (see 9 FAM 41.51 N8.1.1) and
- The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment; (See 9 FAM 41.51 N9)
- The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise; (See 9 FAM 41.51 N10)
- The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States; (See 9 FAM 41.51 N11)
- The applicant is in a position to "develop and direct" the enterprise (see 9 FAM 41.51 N12);
- If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. (See 9 FAM 41.51 N12 & N14); and
- Applicant intends to depart the United States when the E2 status terminates.

Applying for an E Visa

Applicants for Treaty Investor (E-2) status must first seek registration of the enterprise. To register an enterprise, the applicant must establish that the trading enterprise meets requirement of the law. See 9 FAM 41.51 and "Registering your Enterprise".

Once the enterprise is successfully registered, E visa applicants will be required to appear in person before a consular officer for a personal interview. The applicant has the burden of demonstrating eligibility for E Visa classification as an investor or employee. ( See 9 FAM 41.51 )

E Visa Waiting Times

It may take up to 6 months for the consular office to process an E visa application, but visa processing times may vary depending on the consulate.

Admission to the U.S.

Applicants should be aware that a visa does not guarantee entry into the United States. The immigration officials at the port of entry have the authority to deny admission.

Derivative Family Members

Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

Derivative Family Members May Study on an E Visa

There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.

Derivative Spouses May Work on an E visa

As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.

E Visa Duration of Stay

Holders of E visas may reside in the United States until their visas expire and provided that they work for the same employer.

London, Nov. 2006

How PowerVisa Can Help

• We thoroughly evaluate your situation to determine the most appropriate eligibility class available to you.
• We provide personalized guidance in gathering supporting documents that will most effectively present your case to the immigration authorities or consulate officer.
• We carefully prepare and review your forms and documents prior to filing so as to minimize any requests for additional evidence or likelihood of rejection.
• We carefully monitor the progress of your case and provide you with 24/7 online access to your case status information.
• We provide personalized guidance and sample questions to thoroughly prepare you for your immigration / visa interview.
• We provide you with ongoing access to your own PowerVisa immigration lawyer for answering any immigration questions or concerns that may arise during the process.

We Serve Clients Worldwide

We accept clients from all 50 states and abroad. We are authorized to represent clients before all immigration courts and agencies in the United States and at U.S. Consulates and Embassies worldwide. Wherever you may be in the world, a PowerVisa immigration lawyer can help you accomplish your immigration objectives.

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E-2 Treaty Investor Visa

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• E Visas

• B-1 Business Visitor Visa
• B2 Visitor Visa
• E-1 Treaty Trader Visa