E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa is a non-immigrant visa category that allows individuals from treaty countries to invest in and manage businesses in the United States. Here are key aspects of the E-2 visa:

• Eligibility: To qualify for an E-2 visa, the individual must be a citizen of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States.
• Investment Requirement: E-2 visa applicants must make a substantial investment in a bona fide enterprise in the United States. The investment must be sufficient to ensure the successful operation of the enterprise and must be at risk of loss.
• Ownership and Control: E-2 visa holders must have a controlling interest in the enterprise, typically demonstrated by owning at least 50% of the business or possessing operational control through managerial positions.
• Business Plan: Applicants must submit a comprehensive business plan detailing the nature of the enterprise, investment amount, projected job creation, and business objectives.
• Treaty Investor Countries: The list of countries whose citizens are eligible for E-2 visas varies and is subject to change. Some countries have individual treaties with the United States, while others are included in multilateral agreements.
• Duration: Initially, E-2 visas are typically granted for up to five years, with the possibility of renewal as long as the investor continues to meet the visa requirements.
• Dependents: E-2 visa holders' spouses and unmarried children under 21 years old may accompany them to the United States on E-2 dependent visas. E-2 dependents may be eligible to study in the United States but are not automatically authorized to work.
• Employment Authorization: E-2 visa holders may work in the United States solely for the enterprise in which they have invested. Spouses of E-2 visa holders may apply for employment authorization once in the United States.
• Renewal and Extensions: E-2 visa holders must demonstrate ongoing business operations and compliance with visa requirements when applying for renewal or extensions of their visas.
• Path to Permanent Residency: While the E-2 visa is a non-immigrant visa, there is no direct path to permanent residency (green card) through this visa category. However, investors may explore other immigration options, such as employment-based or family-based green card categories.

Navigating the E-2 Treaty Investor Visa process requires careful planning, financial documentation, and compliance with visa requirements. Prospective investors should seek guidance from immigration attorneys and business advisors to ensure a successful application.