E-2 Treaty Investor Visa

E-2 Treaty Investor Visa

If you are from a treaty country and seek to start a business in the United States you may be eligible for the E-2 Treaty Investor Visa.

Request for the E-2 classification can be made for a person currently inside or outside the United States. Different processes are required.

This is a dual-intent visa that is valid for 2 years and renewable. Spouses and unmarried children under 21 are eligible for E-2 visas as dependents of the investor.

Eligibility for E-2 Application

  • 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.

Substantial Amount of Capital

  • 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.