E2 Treaty Investors

The E-2 visa is a non-immigrant visa, available to Individuals who made a substantial investment in a United States company, and wish to come to the U.S. to develop and direct the business operations of that enterprise.

E visas are issued for two years at a time, and can be extended in two-year increments indefinitely.

1. A treaty must exist between the US and the country of nationality of the foreign company
2. The Investment Must be Active. In order for an investment to qualify for the basis of an E-2 visa, the investment must be active, or must be used to produce a commodity or service. This means that an investment in land, for example, would not qualify since it would be considered a passive investment. It is acceptable to use an escrow account to protect the investor in the event the visa is denied, but the investor must present other evidence showing the investment will be active. In addition, the investor cannot just invest the capital and not take part in the actual managing or directing of the U.S. company. The investor must manage the business and must exercise controlling interest in the business.
3. The Investment Must be Substantial. Although neither USCIS nor the DOS cite specific amounts as substantial, they both use one of two tests to determine if the investment is substantial. USCIS and DOL regulations both require that the amount invested either be proportional to the total value of the business or that the amount invested be enough to establish a viable business in the particular field.
4. The Investment Cannot be Marginal. In other words, the investment must generate more than just enough income for the owner to make a living and must eventually be able to generate jobs in the U.S.
   • If the value of the business or the cost to start is less than $500,000, a minimum 75% investment is required.
   • If the value of the business of the cost to start is between $500,000 and $3M, a minimum of 50% investment is required.
   • If the value of the business or the cost to start it over $3M, a minimum 30% investment is required.
5. The E-2 Visa Holder Must Have Nonimmigrant Intent. E-2s must have the intent to return to their home country after their authorized period of stay ends. However, unlike with many other nonimmigrant visa categories, this requirement can be met with only a statement to the consular officer stating their intent to return. It is not necessary to present evidence of continuing ties to the home country.

1. U.S. company’s Article of Incorporation, or purchase agreement of a U.S. company or business;
2. Company lease;
3. Bank statements, Financial Statements, Income tax returns, Payroll tax returns etc;
4. Bills, invoice and advertising etc;
5. Funds transfer records;
6. Business plan.

1. Gather documents;
2. Attorney evolution;
3. Sign representative Agreement
4. Establish U.S. Company if none exist;
5. Attorney prepare and Submit I-129 to USCIS or if outside of U.S. prepare application package for visa interview;
6. Receive I-797 approval notice;
7. Consulate Visa interview.