Important Travel Document Information – Please Read
The E-2 Treaty Investor visa is available to citizens of nations with which the United States has a commerce and navigation treaty. It allows a person to enter the United States after investing a significant amount of money in a U.S. company. This classification has the advantage of allowing foreign nationals to create and operate businesses in the United States. Furthermore, certain employees of such a person or a qualified organisation may be eligible for this categorization as well.
The eligibility determination is the first step in the application process. To be eligible for E-2 status, a treaty investor (whether a company or an individual) must meet the following requirements:
- Be a citizen of a country with which the United States has a treaty of commerce and navigation; have invested or are actively in the process of investing a significant amount of capital in a new or existing U.S. business; and be seeking entry solely to develop and direct the investment enterprise, a real, active commercial undertaking that produces services or goods for profit.
The principal E-2 applicants spouse and unmarried children (under 21 years of age) may also accompany or follow the primary holder in the same status. They dont have to be of the same nationality as the main applicant. Spouses and children are allowed to attend school, and spouses can apply for work permits in the United States.
A treaty investor, whether an individual or a corporation, must be of the treaty countrys nationality. The nationality of the individual owners who make up an E-2 corporation is used to determine the companys nationality. Nationals of the treaty countries must own at least half of the business in question. In a corporate structure, the government frequently considers the nationality of the stockholders. If a company owns another company, nationality of ownership can be traced back to the parent company.
For E-2 reasons, US immigration regulations do not specify a minimum monetary amount that must be invested in order for the investment to be considered substantial. However, a significant amount of cash is required for E-2 purposes:
- Significant in comparison to the entire cost of either purchasing an existing business or starting one from scratch; sufficient to secure the treaty investors financial commitment to the enterprises development; and
- Of sufficient magnitude to ensure that the treaty investor will be able to successfully develop and direct the business. To be called substantial, the investment must be proportionately higher than the enterprises cost.
A cover letter that introduces the company and the recipient. This letter should cover all of the requirements for an E-2 visa. This letter should address all of the E-2 visa eligibility standards, which are detailed in the US Department of State Foreign Affairs Manual (9 FAM 402.9), and require the applicant to demonstrate that they meet:
- Applicant has invested or is in the process of investing
- Enterprise is a real and operating commercial entity
- Applicants investment is substantial
- Applicant is in a position to develop
- Evidence that the company is more than a side hustle
- For the previous three years, federal tax returns for the company in the United States. These must be copies of the IRS forms that have been signed and dated. We do not accept tax returns from other states.
- All W-2, 1099s, and/or payroll invoices for the last two tax years; and detailed profit and loss statements for the current and preceding calendar years.
- If the company is brand new, please include the following information:
- a thorough business strategy;
- A thorough profit and loss estimate for the company for the next five years. Include the assumptions that the forecast is founded on, as well.
- A breakdown of the startup costs required to get the business up and running.
Treaty-investor status can be obtained by a major investor or certain employees. The major investor must be responsible for the development and direction of the investment in order to enter the United States in this status.
If a foreign national employee shares the same citizenship as the E-2 enterprises owner(s), he or she may be eligible for an E-visa. The employees work must be executive or supervisory in character, or the individual must have unique qualifications that are critical to the U.S. enterprises operation.
Executive or supervisory job responsibilities are those that provide the individual ultimate power and accountability over the organizations total operation, or a significant part of it.
Special credentials are talents that make an employees services critical to the businesss smooth operation. Among them include, but are not limited to:
- The level of demonstrated skill in the employees operational field;
- Whether or if others have the employees special abilities;
- The amount of money that a person with a certain qualification can earn;
- Whether the necessary skills and qualifications in the United States are available