Immigration Lawyer Blog
Overview:
What is an E-2 visa?
The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities, for a specified period of two years subject to renewal. Investment activities include the creation of a new business. Foreign nationals must invest a substantial amount of capital in a new or existing business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
Who can get it?
Only foreign nationals from treaty nations may apply for the E-2 visa. To find out if your country qualifies, click here.
Level of Investment
Therefore, the level of investment must be such that it is sufficient to justify presence of the treaty national in the United States. The investment must be in an operating business e.g. a speculative investment in undeveloped land would not qualify, whereas an investment in a real estate development project probably would. Also, a substantial part of the investment must have been made prior to applying for E-2 status.
Key Points
- The investment must be substantial, a standard which depends on the nature of the enterprise. Generally, investment funds or assets must be committed and irrevocable. The funds or assets must be deemed sufficient to ensure the success of operations.
- The investment must be real and active and not passive; this means that a bank account, undeveloped land or stocks, or a not-for-profit organization will not be sufficient to be considered.
- The enterprise must be a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings. Funds in a bank account are not considered at risk since they have not been committed.
Dependents
Dependents of E-2 visa holders are allowed to accompany the E-2 visa holder to the United States. Children who are under 21 years can study in any reputed institute of the United States, irrespective of student visa. The spouse of an E-2 visa holder is eligible for employment in any enterprise of the United States. However, spouses require necessary authorization for employment.
For more information regarding the E-2 visa please visit our website. To schedule a consultation please contact us. We offer consultations in Spanish, French, Russian, and Hebrew.
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