E-2 Visa, Treaty Investors

E-2 Visa, Treaty Investors

Visa for those who engage in substantial trade with the United States.

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.

Ownership and Nationality

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.

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Putting a Significant Amount of Money Into It

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.

Evidence Required for an E2 Visa

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.

As well as this, you should also provide the following supplementary evidence:

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 a

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.

Requirements for E-2 Visa

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.

E-2 Visa Dependents

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.

E2 Cover Letter

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

For detailed information on specific parts of the USA visa process, you can refer to the links to the right to find the answer to your query. If you are unable to find any particular information, please contact us via email.

Who is eligible to apply for an E-2 classification change?

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they can request a change of status to E-2 status by filing Form I-129. If the intended employee is currently in the United States in a lawful nonimmigrant status, the eligible employer may file Form I-129 on the employees behalf to request a change of status to E-2 status.

People Also Asked...

If you are physically outside the United States, you cannot request E-2 classification on Form I-129. For more information on applying for an E-2 nonimmigrant visa in another country, visit the US Department of States website. Following the issuance of a visa, the individual may apply for admission as an E-2 nonimmigrant at a United States port of entry.

The first stay of qualified treaty investors and personnel will be limited to two years. Requests for extensions of stay in E-2 classification or transfers of status to E-2 classification may be granted in two-year increments. An E-2 nonimmigrant may be given an unlimited number of extensions.

To have a successful E2 visa application, the applicant should be willing to spend at least $100,000 US dollars in the business. The exact amount needed will be determined by the sort of company chosen by the investor. Some low-cost start-up enterprises may be eligible for investments of less than $100,000.

The E-2 Investor Visa enables a foreign national to enter and work in the United States in exchange for a financial investment in a U.S. company. The E2 visa is valid for three months to five years and may be extended indefinitely (depending on the country of origin).

An E2 visa might take anything from two weeks to four months to complete, depending on the Consulate. The Consulate will schedule an interview with the applicant when the first evaluation is completed. It may take up to a week for the E2 visa to be granted once it has been accepted.

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