It is a general rule that a citizen of a foreign country looking to enter the U.S. must first get a visa. The visa may be a nonimmigrant visa for a temporary stay in the U.S. or it may be an immigrant visa to establish legal U.S. permanent residence status. One type of nonimmigrant visa is the E-2 treaty investor visa.
An E-2 treaty investor visa is made available to those individuals who are citizens of foreign countries with which the U.S. maintains treaties of commerce and navigation. Foreign nationals of these eligible countries may be granted such a visa should they be looking to invest a substantial amount of capital in a U.S. business or be a qualifying employee of such a person or qualifying organization.
In order to be eligible for an E-2 treaty investor visa, the investor must, first and foremost, be a person or corporate entity with citizenship from a treaty country. If it is a business, at least 50 percent of the business has to be owned by people of the treaty country’s nationality. Furthermore, the investment must be substantially and irrevocably committed in order to sufficiently ensure the successful operation of an enterprise in the U.S.
The investment must be made in something real. It must be made in a fully operational entrepreneurial endeavor. Speculative or idle investment, or an organization that only exists on paper, will not qualify. Funds that have not been uncommitted and remain in a bank account or comparable security are also not considered to be invested. The E-2 applicant’s intention must be to come to the U.S. to develop and direct an enterprise. While those other than the principal investor may qualify for an E-2 visa, the person must be considered an essential employee that has a supervisory or an executive role in the endeavor or plays a role requiring highly specialized skill.
Family of E-2 treaty investors and employees are permitted to accompany the E-2 visa holder. This includes spouses and unmarried children younger than 21 years of age. It is not required that a spouse or child of the E-2 holder be of the same nationality. Furthermore, approved family members of E-2 holders will usually be granted the same period of stay. Spouses of E-2 workers are even permitted to apply for work authorization through filing Form I-765 along with the requisite fee. If approved for work authorization, there are no specific restrictions as to where the spouse may work.
A person approved for an E-2 visa is allowed to stay in the country for up to 2 years. Additionally, an extension may be granted in increments of up to 2 years per extension. There is no limit on the number of extensions that may be granted
Immigration Attorney
If you are an entrepreneur or investor looking to come to the U.S. talk to Talamantes Law Firm about your options. We will counsel you on the best immigration choices available to you. Contact Talamantes Immigration Law Firm today.
Written by: Laura Talamantes, Immigration Attorney
