Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

E-2 Treaty Investor Visa

A BASIC OVERVIEW OF THE VISA IS PROVIDED HERE. IF YOU HAVE FURTHER INQUIRIES AS TO THE APPLICATION PROCESS OR WHETHER OR NOT THIS IS THE CORRECT ROUTE FOR YOUR NEEDS, PLEASE DON'T HESITATE TO CONTACT US.

General

The E-2 Treaty Investor visa allows nationals from countries with effective treaties of commerce and navigation or bilateral agreements with the United States to enter in order to direct and develop the operations of the enterprise that they have invested in, or are at least currently undergoing a significant investment of funds.

Requirements

The individual's investment must be substantial.

  • The investment must be sufficient to effectively facilitate the enterprise's successful operation. The percentage in investment required is generally higher for low-cost business enterprises than for high-cost business enterprises.

The individual's investment must be in a legitimate operating commercial enterprise.

  • One cannot qualify for speculative or passive investments. Uncommitted funds in bank accounts or other similar security measures are not included under those considered as an investment.

The individual's investment is not of marginal significance.

  • The investment must either (a) produce significantly more income than as just to provide a means of living for the individual and his or her dependents or (b) it must significantly impact the U.S. economically.

The individual must bear the risk of investment and hold control of the funds.

  • The person applying must control the funds and the investment must carry commercial risk. Loans that are secured with the assets of the enterprise invested in are not considered to be at risk.

The individual must be a national of a country that has ongoing treaties of navigation and commerce with the U.S. for means of the E-2 visa. These countries are listed below alphabetically.

  • Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia, Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy , Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.


 

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