E-2 Visa

Like the E-1, the E-2 "Treaty Investor" allows a foreign individual or corporation to invest actively in a U.S. business and remain in the U.S. while operating and managing it. Like the E-1, it has no limit on the number of years and does not require an unabandoned foreign residence. The Treaty Investor visa is not limited to any particular type of business and it can include restaurants, manufacturing, and virtually any other type of activity permissible by law.

 E-2 TREATY INVESTOR CHECKLIST AND REQUIREMENTS

DESCRIPTION: Treaty Investor visa allows nationals from countries which have trade treaties in effect with the United States to enter the United States for the purpose of developing a business. No INS approval is required for these visas but a substantial investment (generally over $100,000.00) is required. Factors such as creation of U.S. jobs and potential for future growth are considered in adjudicating these visas. The E-2 visa is available to the principal investor as well as to essential employees; there is no numerical cap on years and it is possible to remain in Treaty Investor status for many years. The treaty investor must always be prepared to establish to the consular officer that he intends to return abroad upon completion of his venture and will have his status cancelled if he is unable to do so.

DOCUMENTARY REQUIREMENTS:

  • business plan outlining future investment scheme
  • substantial investment in the United States leading to the creation of U.S. jobs
  • approval by the U.S. consul

(NOTE: No INS approved petition is required for this visa; a change of status from other non-immigrant visa category is available through the INS, but "E" visas are most frequently adjudicated directly by the consul.)

The following is the list of countries for which the E-2 is available:

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

Please note that while we endeavor to keep the E-2 list current, State Department changes may add or delete countries from the list without our knowledge. While we make every effort to update usvisanews.com to reflect changes in the country list, we are very concerned with the possibility of an E-1 or E-2 slipping by a potentially qualified person! Check with a qualified immigration attorney to make sure you qualify before embarking on this route.