E-2 Investor and E-2 Employee: Understanding the Treaty Investor Visa

E-2 Investor and E-2 Employee: Understanding the Treaty Investor Visa E-2 visa. E-2 treaty investor visa. E-2 visa requirements.

Navigate the path to establishing or working for a business in the U.S. under the E-2 visa. Learn requirements and benefits for investors and employees under treaty countries.

What is the E-2 Visa?

The E-2 Treaty Investor visa allows citizens of certain treaty countries to invest in and direct a U.S. business. It can also be used by employees of the investor under certain conditions.

Key Requirements for Investors:

• Must be a national of a country with an E-2 treaty with the U.S.

• Substantial investment in a bona fide U.S. enterprise (no minimum dollar amount, but must be enough to ensure the business’s success).

• The enterprise is real and operating (not a marginal or speculative investment).

Key Requirements for Employees:

• Employee must share the same nationality as the principal investor.

• Serving in an executive/supervisory role, or has essential skills for the business.

Benefits of the E-2 Visa:

• Relatively quick visa processing compared to some other work visas.

• Validity can often be extended indefinitely as long as the business remains operational and the visa conditions are met.

• Spouses of E-2 visa holders can obtain work authorization in the U.S.

Process Overview:

1. Make the Investment
Invest in or buy a controlling interest in a U.S. business.

2. Prepare the Application
Include a comprehensive business plan, evidence of investment, and proof of treaty country nationality.

3. Consular Interview
Most E-2 visas are issued directly at a U.S. consulate. Be prepared to discuss your investment and business plan.

Renewals and Compliance:

E-2 visas typically are issued for 2-5 years (depending on the treaty) and can be renewed. The business must remain active, and the investor should continue to direct and develop the enterprise.

Common Questions:

How much do I need to invest?
There’s no set minimum, but it generally ranges from $100,000 to $250,000 depending on the business type.

How long can I stay on an E-2 visa?
Initial visas are typically granted for 2-5 years depending on the treaty country, with unlimited renewals possible as long as the business remains viable and qualifications are maintained.

What happens if I sell my business?
Selling or significantly changing the ownership structure typically terminates E-2 status, requiring either departure from the U.S. or transition to another visa category.

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