E-2 Treaty Investors
The E-2 nonimmigrant classification permits individuals from treaty countries (nations with which the United States holds a treaty of commerce and navigation, or with which it maintains a qualifying international agreement, or those designated as qualifying countries by legislation) to enter the United States by investing a significant amount of capital in a U.S. enterprise.
Additionally, certain employees of such individuals or qualifying organizations may qualify for this classification. (For information on dependent family members, refer to the section "Family of E-2 Treaty Investors and Employees" below.)
Eligibility
To be eligible for E-2 classification, the treaty investor must:
- Hold nationality in a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a significant amount of capital in a genuine enterprise in the United States;
- Intend to enter the United States solely to develop and oversee the investment enterprise. This is demonstrated by possessing at least 50% ownership of the enterprise or exercising operational control through a managerial position or other corporate mechanism.
Investment entails the treaty investor putting capital, including funds and/or other assets, at risk in a commercial venture with the aim of generating profit. The capital must be susceptible to partial or total loss if the investment fails, and the investor must prove that the funds were not acquired, directly or indirectly, through illegal means.
A significant amount of capital is considered:
- Substantial relative to the total cost of either purchasing an existing enterprise or establishing a new one
- Adequate to demonstrate the investor's financial commitment to the enterprise's successful operation
- Sufficient to indicate the likelihood of the investor effectively developing and managing the enterprise. The lower the enterprise's cost, the greater the proportion of the investment must be to qualify as substantial.
A genuine enterprise refers to a legitimate, active, and functioning commercial or entrepreneurial venture that provides goods or services for profit. It must comply with all relevant legal requirements for conducting business within its jurisdiction.
Duration of Stay
Qualified treaty investors and employees are eligible for an initial maximum stay of two years. Subsequent requests for extension of stay in E-2 classification or changes of status may be approved in increments of up to two years each. There is no specified limit to the number of extensions that may be granted to an E-2 non-immigrant. However, all E-2 visa holders must maintain the intention to depart from the United States upon the expiration or termination of their status.
An E-2 non-immigrant traveling abroad may typically be granted an automatic two-year period of readmission upon returning to the United States, provided they are deemed admissible by a U.S. Customs and Border Patrol Officer.
Family Members of E-2 Treaty Investors and Employees
Spouses and unmarried children under 21 years of age of treaty investors and employees may accompany or follow them. It is not necessary for their nationalities to match those of the treaty investor or employee. Spouses and children may apply for E-2 nonimmigrant classification as dependents and, if their applications are approved, they will typically be granted the same period of stay as the principal treaty investor or employee.
Terms and Conditions of E-2 Status
A treaty investor or employee is restricted to working in the activity for which they were approved at the time the classification was granted. However, an E-2 employee may also work for the treaty organization’s parent company or one of its subsidiaries under certain conditions:
- The relationship between the organizations must be established.
- Subsidiary employment must require executive, supervisory, or essential skills.
- The terms and conditions of employment must not have changed.
This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.