What are the requirements for obtaining a Treaty investor visa (E-2)?

A Treaty Investor Visa (E-2) is designed to promote trade and investment between the US and other treaty countries to further good relations and peace.  E-2 visas may only be applied for by people or companies from countries with whom the U.S. has entered into treaties with and with whom those treaties are in force.  Below is a list of E-2 treaty countries:

The E-2 visa allows nationals of qualifying treaty countries which have made substantial capital investments in the U.S. and who can demonstrate majority control of their investment to obtain an E-2 Treaty Investor status.  The lower the investment, the less likely an E-2 will be granted.  The level of investment has to be high enough to justify the treaty national or their employee(s) presence in the U.S.  Practice has shown that a minimum of $50,000 (USD) investment in many cases is sufficient; however, consulates in other countries often have higher minimums. 

The investment must be in an operating business and cannot be the purchase of property or stocks and bonds.  Also, the investment needs to generate significantly more income than just to provide a living for the investor and his family.  Furthermore, a substantial part of the investment must have been made before applying for E-2 status. 

The investor needs to show that U.S. workers are or will be employed.  The more U.S. citizens employed, the better the odds are of being granted an E-2 visa.  It would also be beneficial to show that the enterprise or the principal investor has a history of successful trading and expertise in investment.

Two types of employees can qualify for the E-2 visa.  Executive and managerial employees are one type, as they are the ones who will develop and direct the investment of the principal investor.   The other type is the specialist or essential skilled worker.  Ordinary skilled or unskilled workers are not eligible.  For specialists or essential skilled workers to obtain the E-2 visa, it must be shown that the nature of the prospective employment is such that the alien’s eventual replacement by a U.S. worker is not feasible or that the employer is making a reasonable good faith effort to recruit or train U.S. workers to perform the job.

If you qualify for an E-2 visa, you would be able to legally work in the U.S. for your E-2 visa sponsor for an initial two year period.  While an E-2 can be issued for up to five years, it is normally issued for two years on the initial application.  However, there is unlimited renewal of E-2 visas for two or five years so long as the business continues to meet E-2 requirements. 

Along every step of the way, Shihab & Associates Co., LPA has the skill and experience to assist investors throughout the process of obtaining and extending E-2 visas.