E-2 Treaty Investor Nonimmigrant Visa
In order to qualify in the E-2 category, you must demonstrate that:
- Requisite treaty exists;
- You or the business possess the nationality of the treaty country;
- You have invested or are actively in the process of investing into a company located in the United States;
- The company is a real and operating commercial enterprise;
- Your investment is substantial;
- Your investment is more than a marginal one solely for earning a living;
- You are in a position to "develop and direct" the enterprise;
- If an employee, you will hold an executive/supervisory position or possess skills essential to the companyâ€™s operations in the United States; and
- You intend to depart the United States when the E-2 status terminates.
You must meet all of the above criteria in order to qualify you for the E-2 visa. We will provide you with detailed instructions on what evidentiary proof is required in order to meet these criteria.
E-2 visas can be granted for a period of up to five (5) years and can be extended indefinitely. There is no limit on how many extensions you can obtain, as long as you continue to operate a viable business in the U.S. The E-2 is an "employer-specific" visa, which allows you to work only for your sponsoring business.
Spouses and children of E-2 visa holders, who are classified as E-2D "dependents", are entitled to work in the United States and may apply for an Employment Authorization Document.