E-2 Treaty Investor Visas

E-2 Treaty Investor Visas

At the Law Offices of KahBo Dye-Chiew, we understand the intricacies of assisting our clients with obtaining visas including Treaty Investor (E-2) visas. The E-2 visa is generally for citizens of countries with which the United States (U.S.) maintains a treaty of commerce and navigation and who are coming to the United States for the purpose of developing and directing the operations of a business in which the foreign citizen has invested or is going to invest pursuant to the Immigration and Nationality Act. A detailed list of countries that participate in the treaty investor program is maintained by the U.S. Department of State through the Bureau of Consular Affairs.

Treaty investor requirements must be met

In order for an investor to qualify for the receipt of a treaty investor visa, a number of specific requirements must be met and documentation must be provided to the appropriate consular office. The requirements detailed at the U.S. Department of State website are as follows:

  • The investor, either a real or corporate person, must be a national of a treaty country.
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for an investor in a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account, residential home or similar security are not considered an investment.
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
  • The investor must have control of the funds being invested, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Applicants for treaty investor status must submit an array of forms and documentation in the proper format. An E-2 visa lawyer would be happy to explain the process.


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