E-2 Treaty Investor

The E-2 visa, or treaty investor visa, allows foreign investors the opportunity to oversee business operations and live in the United States provided that the investor’s country of origin holds an existing investment, commerce or navigation treaties with the U.S. The investment qualification of the E-2 visa requires that the investor has already invested or be in the process of investing in the business. Unlike the EB-5 visa which has a minimum threshold investment requirement of $1,800,000.00, the E-2 visa requires that foreign investors contribute sums of capital that may be as little as $100,000.00 depending on the size of the business receiving the investment.

The E-2 visa is a non-immigrant visa valid for 2-years; therefore, foreign investors are able to maintain residency within the E-2 investor’s country of origin while pursuing investment opportunities within the United States. Should the E-2 investor decide he or she would like to stay for a period of time beyond the 2-years, the E-2 visa allows foreign investors to renew their E-2 visa an indefinite number of times provided that the foreign investor petition for renewal every 2-years and meet the regulatory requirements to renew.

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Eligibility for an E-2 Treaty Investor visa

E-2 treaty investors are eligible for the E-2 visa as long as the investor is a national of a treaty country; the investment is substantial; the investment funds are at-risk, the enterprise receiving the investment is a real operating enterprise; the investment generates significantly more income for the enterprise than previous to the investment or has a significant economic impact; and, the investor must develop and direct the enterprise in which he or she is investing or hold a supervisory or executive position. E-2 visa investors may bring their spouse and unmarried children under the age of 21 with them. Accompanying family members are not subject to the same nationality requirement of principal E-2 visa petitioner and therefore may be of a different nationality than the visa petitioner and are not restricted to the State Department’s list of treaty countries.

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