E-2 Treaty Investors

E-2 investors are foreign nationals or firms of countries with which the United States has trade treaties, coming to the U.S. to direct a new or existing enterprise in which they have invested, or are investing, a substantial amount of capital (compatible with the type of business). If buying into an existing business, the foreign national or firm must hold controlling interest. Also eligible for E-2 status is a person employed by a treaty investor or firm in an executive position, or in a specialty capacity if the employee has special qualifications that make the services essential to the operation of the enterprise. The investor or employer must be a person having the nationality of the treaty country, sufficient evidence of which is a passport granted by that country.

The funds or assets invested must be directly attributed to the investor. Documentary evidence as to the origin of the funds is required. Please note that an investment connotes the placing of funds at risk. As such, a passive investment such as a home or real estate cannot qualify as an E-2 treaty investment because it requires no direction and control, and merely (hopefully) appreciates in value. The investor must also prove that he/she has other sources of revenue to sustain him and his family while the investment is consolidated.

After properly prepared, the application and supporting documents are submitted to the appropriate U.S. Consular Section. When approved, the visa is issued in the applicant’s passport (as well as any family members). An E-2 Investor’s Visa can last virtually indefinitely as long as the investment is maintained and the business is not “marginal”. Further, some E-2 investments can be structured so that an investor and his or her family can seek an EB-5 investment visa.

Family Members are eligible for the E Visa

Family members of the E visa holder are permitted to enter the United States with the visa holder. Included in this category is the spouse of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer entitled to remain in the United States in treaty status.
Each family member needs a separate visa application filed in conjunction with that of the principal “E” applicant.

Countries Eligible for the E Visa

Seeking an E-2 investment requires many forms of documentation, such as a properly structured business plan, lawful source of funds, proof of active investment, and more, which our law firm is happy to guide you through, as well as assist you in organizing or preparing. For more information, please feel free to contact our firm‘s board certified expert in Immigration law.

Country Specific Footnotes