What Are E-2 Treaty Investors?

E-2 Treaty Investors are defined as foreign nationals or entities of countries that maintain treaties of navigation and commerce with the United States and are looking to come to the country to direct a new or existing business in which they have invested or will invest a substantial amount of capital, which should be enough to ensure that the business can operate successfully.

If buying an existing business, the foreign citizen or corporate entity must be the owner of at least 50% of the business in the United States. Additionally, the E-2 status is available to a person who is employed by a Treaty Investor or Firm and will work in an executive/supervisory position or has special skills and/or knowledge that are essential for the business to operate successfully. The investor or employer must have the nationality of a treaty country, which can be shown sufficiently by having a passport issued by that country.

To qualify for an E-2 Treaty Investor Visa, an individual or entity must show through documentary evidence that meets a series of specific requirements – a crucial one being the Investment Requirement.

What is the E-2 Visa Investment Requirement?

The E-2 Treaty Investor Visa has been given this name because it was created for those individuals/corporate entities that are coming to the United States to develop a company based on a substantial investment.

The funds invested must be attributed directly to the treaty investor. Documentary evidence that shows where the money comes from will be required as part of the E-2 Visa application.

However, the USCIS has very specific regulations in regards to what qualifies as an E-2 Investment. Mainly, the funds that are invested must be “at risk” and “irrevocably committed” to the business. For that reason, a passive investment such as real estate will usually not qualify as an E-2 treaty investment because it would not require control and direction, which is one of the main requirements of the E-2 Visa.

Moreover, E-2 Treaty Investors must prove through documentary evidence that they have other sources of income to sustain them and their families while both the investment and the business are consolidated.

How Do Qualifying Investors Apply for an E-2 Visa?

Once your application and supporting documentation have been properly prepared, your application must be submitted to the U.S. Consulate in your country of residence. If approved, the E-2 Visa will be issued in your passport.

At Jurado & Farshchian, P.L., our team of expert immigration attorneys will be there to prepare and submit your application package on your behalf and act as your representatives throughout the entirety of the application process.

How Long Does the E-2 Visa Last?

An E-2 Treaty Investor Visa can last indefinitely as long as the business reaches and maintains a level of success and makes a positive impact on the economy of the United States by generating job positions for American employees.

Some E-2 Visa investments can be structured in such a way that allows the applicant to seek an EB-5 investment visa.

Are Family Members Eligible for an E Visa?

The short answer – Yes.

The members of the E-2 Visa holder’s family are allowed to enter the United States under E dependent visas. This category includes spouses and unmarried children under the age of 21. Once children turn 21 or get married, they will no longer be allowed to stay in the country under the E status. Each family member is required to submit a separate visa application, which must be filed along with the principal applicant’s application. Keep in mind that evidence showing the relationship between the principal applicant and his “family” is required, as in marriage certificates and/or birth certificates.

How Can Jurado & Farshchian Help E-2 Treaty Investors?

Applying for an E-2 Visa requires many documents, such as a sound business plan, legal evidence of the funds, evidence showing that the investment that was made or that will be made is in a real and operating business, and more. At Jurado & Farshchian, our experienced Immigration Attorneys are ready to help you in every step of the way towards getting your visa approved; from assembling your application package and acting as your representatives to drafting a business plan for you and help you set up your business in the United States.

For more information regarding how we can help you, please call us at (305) 921-0440 or send us an email to [email protected].

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