What are the Requirements to Qualify for an E-2 Visa?

What are the Requirements to Qualify for an E-2 Visa?

The U.S. has commerce and navigation treaties in place with more than 75 countries. Nationals of these foreign treaty nations who wish to make a significant investment in the U.S. — known as treaty investors — can be admitted to this country through an E-2 visa.

Treaty Investor Qualifications

To qualify for an E-2 visa, a treaty investor must:

• Be a national of a country that has a treaty of commerce and navigation with the U.S.;
• Have invested, or are actively in the process of investing, significant capital into a U.S. enterprise;
• Seek to enter the U.S. for the sole purpose of managing their investment in the U.S. enterprise;
• Provide proof that the investment capital or assets have not been obtained through a criminal enterprise.

Definition of Substantial Investment

U.S. Citizenship & Immigration Services defines “substantial investment” for the purposes of obtaining an E-2 visa as:

• Substantial in relationship to either purchasing the enterprise or creating a new one;
• The successful operation of the enterprise is dependent on the treaty investor’s investment;
• Large enough that it is highly likely the treat investor will be successful in developing and directing the enterprise.

Period of Stay

The period of stay granted to successful E-2 visa applicants is a maximum initial stay of two years, with extensions available by request of up to two years each. There is no limitation on the number of extensions that may be requested or granted.

Treaty Investor Employees and Family

Employees of treaty investors are allowed to petition for an E-2 visa. To qualify, the employee must be of the same nationality as the treaty investor, meet the legal requirements of an employee and be employed as an executive or supervisor, or have special qualifications.

Family members — which include a spouse and any unmarried children under the age of 21 — may seek an E-2 visa as a dependent of the treaty investor. Spouses may also apply for work authorization.

The North Miami attorneys at Jurado & Farshchian, P.L. are experienced professionals who can assist with yourbusiness immigration or residency issues, no matter where you live or work in the United States. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.