What is the U.S. E-2 Treaty Investor Visa? What are the application requirements?

  The U.S. E-2 Treaty Investor Visa (i.e., the U.S. E-2 Visa) allows citizens of treaty countries (countries that have a trade and navigation treaty with the United States) to gain recognition in the U.S. by investing a substantial amount of capital in a U.S. business. Certain employees of qualified investors may also meet the requirements for this visa.

  Application requirements for U.S. E-2 Treaty Investors

  1. Must be from a country that maintains a trade and navigation treaty with the United States

  2. Must have already invested or be in the process of investing a substantial amount of assets in a U.S. business

  3. Must intend to enter the U.S. solely to develop and direct the business, demonstrating at least a 50% ownership in the company or proving operational control through a managerial position.

  Investment refers to the treaty investor's commitment of funds and property for the purpose of generating profit and assuming risk; if the business fails, the funds may be partially or wholly lost. The treaty investor must demonstrate that the assets were not obtained directly or indirectly from criminal activities. A substantial investment is defined as:

  1. A significant proportion of assets invested in the purchased business or newly established business

  2. Sufficient for the treaty investor to successfully operate the business to meet financial goals

  3. The likelihood of the treaty investor successfully operating the business is reflected in that the lower the costs, the more recognized it is as a substantial investment.

  Qualified treaty investors and employees may be granted a visa for up to 2 years, with the possibility to apply for an extension of stay for up to 2 years. There is no limit on the number of times an E-2 visa can be extended. All E-2 visa holders must plan to leave the United States when their visa is about to expire. After leaving the U.S. on an E-2 visa, re-entry is typically granted automatically for another 2-year E-2 visa, and usually does not require the submission of Form I-129 to the U.S. Citizenship and Immigration Services.