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E-2 VISA 

I. WHAT IS THE E-2 VISA?

The E-2 Non- Immigrant Visa allows individuals to live and work in a specifically approved business that they will personally be investing in within the United States.

II. ELIGIBILITY REQUIREMENTS

FOR TREATY INVESTOR:

  1. International investors MUST be from a national country that has a treaty of commerce and navigation with the United States

  2. Has invested OR is actively investing a substantial amount of money into a bona fide United States enterprise
    - This CANNOT be a marginal enterprise
    - Considered “substantial” in relationship to the total cost of either
     purchasing an established enterprise or establishing a new enterprise
    - Sufficient to ensure that the treaty investment commitment is met
    - The likelihood that the investment will be successful in the development

  3. Be seeking to solely develop and direct the investment enterprise through at least 50% ownership

FOR EMPLOYEE OF TREATY INVESTOR:

  1. Must be of the same nationality of the principal alien employer

  2. Must meet the definition of a lawful employee

  3. Engaged in executive or supervisory duties or have special qualifications required for that particular enterprise

 

III. ADVANTAGES OF THE E-2 VISA

  • Education:  No specific educational background needed in order to apply the visa

  • Investment Amount:  No minimum amount required

  • Sponsorship: Spouse and unmarried children (under the age of 21 years) of E-2 investors can also be granted an E-2 Visa

  • Time Limit:  (2) Two years at a time but can re-apply for an extension for (2) two more years each time.  There is no maximum limit for extensions.

  • Travel:  Can travel in and out of the United States

IV. LIMITATION OF THE E-2 VISA

  • Only countries with a treaty of commerce and navigation with the United States are allowed to apply.

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No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

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