E-2 | Treaty Investor

The E-2 Visa is a nonimmigrant visa for treaty investors. It allows a national of a treaty country to be admitted to the U.S. when investing a significant amount of capital into a U.S. business. A treaty country is defined as a country that maintains a treaty of commerce and navigation, qualifying international agreement, or has been deemed a qualifying country by legislation.

Qualifications

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise (this is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device)

What You'll Need

  • Form DS-160, Nonimmigrant Visa Application
  • Form DS-156E, Nonimmigrant Treaty Trader/Investor Application
  • Passport
  • Passport style photographs
  • Business plan outlining future investment scheme
  • Your curriculum vitae
  • Evidence that you will be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the operation of the firm
  • Evidence of possession and control of investment funds (bank records, financial statements, loans, savings, or promissory notes)
  • Evidence of remittance to the U.S. (bank drafts, transfers, exchange permits, or receipts)
  • Evidence of establishment of business in the U.S. (articles of incorporation, partnership agreement, organization and staffing charts, shares, titles, contracts, receipts, licenses, or leases)
  • Evidence of the nationality of the investors (passports, articles of incorporation of parent company or stock exchange listings)
  • Evidence of investment in the U.S. (titles, receipts, contracts, loans, or bank statements)
  • Evidence of substantiality (financial statements, audits, U.S. corporate or business tax returns)
  • Evidence that the enterprise is not marginal (payroll records, IRS Form 941, personal tax returns, evidence of other personal assets and income)
  • Evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate)

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

How long does an E-2 Visa last?

An E-2 Visa lasts 2 years, initally. Requests for extension of stay may be granted in increments of 2 years maximum, with no limit to the number of extensions. However, one must maintain an intention to depart the U.S. when that status expires or is terminated.

Is there a fee to file the E-2 Visa?

Yes, there is. For investors already present in the U.S.: Form I-129 fee, $460 (Form I-539, $370 per dependent), 15 days premium processing at $1,440. For investors currently in their home country: $205 fee per DS-160 Form. If you pay by mail, then you can pay via money order, personal check, cashier’s check, or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

How can I file my E-2 Visa form?

You can file your form online or by mail. Filing online allows you to:

  • Pay your filing fee online
  • Check the status of your case
  • Receive notifications and case updates
  • View personalized case completion date estimates
  • Respond to requests for evidence
  • Manage your contact information, including updating your address

 

You can create an account to file online. You can also mail your form to your region’s designated USCIS office.

Of course, you can choose to manage your case independently. However, working with immigration experts can help you navigate the process and provide guidance throughout.

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

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