E-2 Treaty Investor
Many people want to come and build a business in the United States, but they may not know that they can come on what is referred to as a “treaty investor visa".” Treaty investor visas are available to individuals that are nationals of specific countries that have existing treaties with the United States. (All of the countries are listed here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). If you are a national of one of these countries, you may be able to obtain a visa by investing a “substantial” amount of capital to open a new U.S. business or buy an existing U.S. business in the United States.
Basic Requirements:
National of select country
Invest a “substantial” amount of capital
In a U.S. business
That will create jobs for U.S. residents and citizens
Not be a marginal business that will only provide for the investor and their family
Other information:
May be joined by your spouse and children (unmarried and under the age of 21)
Spouse may apply for work authorization
Essential Employees:
Individuals with E-2 businesses may also be allowed to petition for essential employees. In order to qualify, the individuals must:
Have the same nationality of the principal E-2 business owner;
Meet the definition of an “employee” under the Immigration and Nationality Act; and
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications. An example of an individual with a special qualification might be a chef with special knowledge or experience with a particular ethnic food.
Change of Status vs. Consular Processing
Change of Status - If you are already in the United States on a valid visa, you may be able to change your status to E-2 based on the creation or purchase of a U.S. business. The benefit of this option would be that you would be able to stay in the United States and not have to leave the country to obtain your visa at a U.S. consulate abroad. This option would need to be renewed every two years. The downside is that you would not be able to travel in and out of the country on the E-2 visa as this is a “change of status” and not a physical visa in your passport. However, for some people, this is exactly what they need!
Consular Processing - If you know ahead of time that you are going to need to be able to travel in and out of the United States, you will want to apply for your investor visa at the consulate in your home country. The benefit to obtaining your E-2 at the consulate is that you will receive a visa foil in your passport that will allow you to travel in and out of the United States. The length of the visa will depend on the treaty with your specific country, but the treaty for many countries will allow a 5 year visa. Each time you enter the United States on the E-2 visa, you will be given a two-year admission to the United States. Each U.S. consulate has very specific requirement for apply for the E-2 visa and you should consider contacting an immigration attorney to assist you through this process. Contact Soria Law today to see how we can assist you!
