E Treaty/Investor Visa
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An “E-Visa” classification includes special visas for those
looking to do business on U.S. soil. There are a few kinds of
E visas. An
E-2 Treaty Investor
Visa, according to the
Department of Homeland Security, is a “nonimmigrant classification” designed to help a national
of a country with which the U.S. does business to enter the U.S. when
investing capital in a U.S.-based business. (A list of countries with
which the U.S. has treaties of commerce can be
Are you eligible for an E-2 visa?
In addition to being a national of a country with which the U.S. does business,
there are several qualifications for E-2 classification, including the
- The treaty investor must have invested a significant amount of money in
a U.S. business (the word “substantial,” in this case, refers
to the cost of buying an existing business or creating a new one. The
investor must show his or her financial commitment to the success of the
business by investing a large amount of money in the business proportionate
to the size of the business itself. In addition, the business should have
the capacity to generate sufficient income to provide a living for the
investor and his or her family);
- He or she must be attempting to enter the U.S. only to build the investment
- The investor must show at least 50 percent ownership of the business;
- The business must meet legal requirements for doing business in its jurisdiction.
Are employees eligible for an E-2 visa?
Separate qualifications exist for employees of treaty investors seeking
E-2 classification; these can be viewed at the
USCIS website. In short, the employee should be involved in an executive or supervisory
role with his or her employer’s enterprise, having control over
the organization’s overall operation or a major part of it.
Can family members enter the U.S. on an E-2 visa?
Both business investors and their employees who enter the U.S. on E-2 visas
are allowed to bring spouses and unmarried children under the age of 21
with them. Their family members are required to seek E-2 nonimmigrant
classification as dependents and, if approved, are typically allowed to
remain in the U.S. as long as their Treaty Investor family member.
How long can a person stay in the U.S. on an E-2 Visa?
If a person qualifies for a treaty investor visa, he or she is allowed
to remain in the US. for a maximum of two years. Requests for extension
are granted, without a limit to the number of extensions of say.
Sarah S. Rama, ESQ, LL.M. can help!
The seasoned international team at Sarah S. Rama, ESQ, LL.M. has ample
experience aiding clients in successfully obtaining the E-2 Treaty Investor
classification. We can explain everything you need to know about the process,
including eligibility requirements, how to complete the required paperwork,
and how to troubleshoot when and if the process doesn't go smoothly.
To learn more about how our team can help you and your family obtain this status,
contact our dedicated West Palm Beach immigration attorneys. We can help simplify complicated legal concepts and terms, putting them
into plain English, in any language!