E-2 Visa: Treaty Investors – Opportunities for Global Entrepreneurs and Investors
The E-2 Visa is an integral part of the U.S. non-immigrant visa program, crafted specifically for investors and entrepreneurs from countries that have a treaty of commerce and navigation with the United States. This visa enables eligible individuals to make substantial investments in U.S. enterprises and manage these investments while residing in the U.S.
Key Features of the E-2 Visa
Eligibility: The E-2 Visa is available to nationals from treaty countries, allowing them to engage in significant trading or investing activities in the U.S.
Investment Criteria: Applicants must make a substantial, at-risk investment in a legitimate U.S. business, which should directly contribute to the economy.
Management Role: Visa holders are required to actively manage and direct the enterprise, playing a pivotal role in daily operations and decision-making.
Renewability: This visa is generally issued for two years but can be renewed indefinitely, provided the investment continues to meet all requirements.
Family Benefits: E-2 visa holders can bring their spouse and dependent children under 21 to the U.S. Spouses may work without restriction, enhancing the visa’s appeal for family relocation.
No Visa Cap: There is no annual limit on the number of E-2 Visas issued, ensuring broad access for qualified investors.
Documentation Requirements for E-2 Visa Applications
While requirements can vary by consulate, typical documentation includes:
To verify treaty nationality:
- A current passport
- Any existing visas and prior I-797 Notices of Action
- Marriage and children’s birth certificates, if applicable
- An updated resume/CV
- Educational certificates and transcripts
For Treaty Investors proving 50-percent ownership:
- Articles of Incorporation or Certificate of Organization
- Corporate Bylaws or Operating Agreement
To demonstrate substantial capital investment:
- Bank statements from the enterprise
- Records of wire transfers
- Documentation showing the origin of funds (e.g., sales, inheritance, savings)
To establish the business as viable and operational:
- Lease agreements for business premises
- Invoices, contracts, and receipts showing business expenses
- Marketing materials
To demonstrate business viability:
- Recent financial statements like balance sheets and profit & loss statements
- Detailed spreadsheet of start-up costs
- A comprehensive Five-Year Business Plan
These documents collectively help to affirm the substantial nature of the investment and the investor’s ability to contribute significantly to the U.S. economy through the E-2 Visa pathway.
Application Process:
- Eligibility Assessment: Verify eligibility by confirming citizenship from a treaty country and evaluating the nature of the proposed investment.
- Business Entity and Investment: Set up a U.S. business entity and make a substantial investment that meets the E-2 Visa requirements.
- E-2 Visa Application: Complete the E-2 Visa application (Form DS-160) online, pay the applicable fees, and schedule an interview at a U.S. embassy or consulate.
- Documentary Evidence: Submit all necessary documents, including evidence of investment, a detailed business plan, and financial statements.
- Visa Approval: Once approved, the E-2 Visa allows the investor and their eligible dependents to enter and reside in the U.S.
Benefits:
- Flexibility and Mobility: E-2 Visa holders enjoy the freedom to travel to and from the U.S., which is ideal for active international investors and entrepreneurs.
- Pathway to Permanent Residency: Although the E-2 Visa is for non-immigrants, it can potentially lead to permanent residency through other immigration channels.
- Contribution to the U.S. Economy: The visa promotes foreign investment, stimulating economic growth and job creation.
- Family Integration: Allows investors to bring their immediate family members to the U.S., supporting family unity while exploring business ventures.
For investors and entrepreneurs aiming to establish or expand their business presence in the United States, the E-2 Visa offers a valuable opportunity. Our specialized immigration team is here to assist you in navigating this process smoothly and effectively, helping you integrate into the U.S. market with confidence.