E-2 Treaty Investor Visa:
The E-2 Treaty Investor visa allows an applicant to obtain a non-immigrant visa that allows them to run their business in the U.S. if they invest a substantial amount into it, or if they create and invest in a new business in the U.S. The E-2 Treaty Investor may be authorized to stay in the U.S. for unlimited 2 year renewable periods of stay. The following must be shown in order to obtain E-2 status:
- The applicant must be a citizen of a country that has an investor treaty with the U.S.;
- The applicant must be coming to work in the U.S. for a company he owns;
- The applicant must be coming to the U.S. solely to develop and direct the enterprise;
- The investment must be in a real and operating commercial enterprise;
- The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
- The investment is more than a marginal one solely for earning a living;
- The applicant must have possession and control of the funds being invested and the investment must be at risk in a commercial sense; and
- The applicant must unequivocally intend to depart the U.S. when their E status ends.
The E-2 visa holder may also bring his or her spouse and unmarried children under 21 years of age into the U.S. as E-2 non-immigrant dependents, generally approved for same period of stay as the E-2 visa holder. Additionally, the spouses of E-2 workers may apply for and receive work authorization by filing form I-765 with the required filing fee. The E-2 spouse will not have any specific work restrictions once their work authorization is approved.
Our firm has obtained successful approvals for E-2 visas at consulates abroad and successfully changed status of individuals in the U.S. to that of E-2 treaty investor. If you have questions about the E-2 treaty investor visa, please contact us at 503-951-8209 to schedule a consultation.