E-2 treaty visa is available for foreign nationals of countries with which the United States maintains treaties of commerce and navigation and bilateral investment treaties. Such individuals must engage in substantial trade, including trade in services or technology between the United States and the treaty country or develop and direct the operations of an enterprise in which these individuals invested a substantial amount of capital. E-2 treaty visa holders are initially allowed a maximum stay of two years. Requests for extension of stay can be filed and may be granted for periods of up to two years each. Notably, there is no maximum limit to the number of extensions an E-2 visa holder may be granted, as long as the foreign national maintains the intention to depart the U.S. when the status expires or is terminated.

Qualifications for a Treaty Investor (E-2) Visa:

  • The investor, a person, partnership or corporate entity, must have the citizenship of a treaty country.
  • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • It must generate significantly more income than just to provide a living to a foreign national, or it must have a significant economic impact in the United States.
  • A foreign national must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  • A foreign national must be coming to the United States to develop and direct the enterprise. If a foreign national is not the principal investor, a foreign national must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Capitol Immigration Law Group offers strong E-2 visa legal experience and in-depth knowledge of E-2 Visas and USCIS and Consular procedures. All E-2 visas do require a deliberate strategy, careful attention to detail, and strong communication and we will help you navigate the E-2 visa process.