E-2 Visa: What You Need to Know

Are you a business investor from outside of the United States who is looking to invest in a new or existing business within the United States? If so, then it may be time for you to think about applying for an E-2 Treaty Investor Visa. This special type of visa allows someone whose country of nationality has an existing trade treaty with the U.S. to legally reside in the U.S. so he or she can manage their new investment. This E-2 visa can be used by someone who wants to purchase a business that already exists, or someone who wants to create and develop a new business.

How Do I Know If I’m Eligible?

To be eligible for an E-2 Visa, you must be a citizen of a country that has a current trade agreement with the United States. The list of countries is impressively long, so we won’t name them all, but to check if your country is included, visit this website.

What Else Do I Need to Know?

If your country is named in the list above, then yes, you can check one box off your E-2 Visa eligibility list. But in addition to being the citizen of a country with an existing U.S. trade treaty, the business you are investing in or looking to start cannot be what is known as a “marginal enterprise.” A marginal enterprise means that your business would not generate enough profit to support you and your family. In other words, your business needs to be something that will have a significant influence on the U.S. economy in order to qualify for an E-2 Visa.

Furthermore, at the time you are applying for your E-2 Visa, you must already be in possession of the money needed to invest in your business, and there must not be any signs that this money was acquired through illegal or criminal practices.

Last, you must be able to prove that you own at least 50% of the business and that, because of this ownership, you want to come to the U.S. to further build, manage and advance the business.

Once you have all of these things in order, you can proceed with your E-2 Treaty Investor Visa application.

What Will I Need to Provide Along With My Application?

The U.S. government needs to be 100% sure that your business exists and is authentic before they will give you an E-2 Visa. So, along with your application, you should be prepared to hand over a detailed business plan (the more detailed, the better), customer agreements and contracts, tax returns and other relevant financial statements, data charts, and wage reports. You may be asked to provide additional information aside from what we’ve listed, so get your documents organized and be ready to comply with any business material you’re asked to divulge.

What About My Family?

Your immediate family members can obtain E-2 nonimmigrant status as your dependents. As such, you are allowed to bring your spouse and any of your children under the age of 21 with you to the U.S. – as long as your children are not married. Once your children are married, they are no longer considered your dependents, so they would not be able to obtain the same E-2 nonimmigrant status as the rest of your immediate family members.

During your time in the U.S., your spouse will also be able to apply for work authorization.

Can My E-2 Treaty Investor Visa Be Renewed?

In short, the answer is yes. Once you’ve obtained your initial E-2 Visa, you may renew it indefinitely as long as you are still operating a legitimate, non-marginal business and that you prove intent to leave the U.S. at some point in the future.