E-2 Treaty Investors

U.S immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as 'treaty investors'. A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation. You should be coming to the U.S. to partake in a substantial investment. Your investment may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, you may petition for permanent immigration status. Your spouse and/opr children under the age of 21 may accompany you under E-2 status. Your employees may also be eligible for the E-2 Visa as an essential work (employee's E-2). For E-2 purposes, a person has to invest substantial amount to ensure viablity and sucess of the treaty investment.

The E categories are designated for aliens engaged in international trade or investment between the United States (U.S.) and the aliens' countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the U.S.

TREATY RECIPROCITY LIST BY COUNTRY

Note: 
E-2 is a not Petition based visa. In other words, there is no petitioning process for the E categories. E-nonimmigrant classification is granted through an application process. If outside of the U.S., the alien may apply for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad. If the alien is inside the U.S., the Petition for Alien Worker and E supplement is used to apply for a change of status, extension of stay, or change of employment. Applications for E-1 or E-2 status may be filed only at the Texas or California Service Centers. However, if an alien currently in E-1 or E-2 status is requesting a change of status to another nonimmigrant classification, the application for change of status must be mailed to one of the four BCIS Service Centers with jurisdiction over the new requested classification.

For the alien to visit the U.S. temporarily for trading or investing purposes, the requirements outlined at 8CFR 214.2(e) must be met. Potential applicants are also encouraged to consult Department of State regulations at 22CFR 41.51. A brief summary of the requirements for E-1's and E-2's follows.

Dependents (spouses and unmarried children under 21 years of age) of an E-1 or E-2 nonimmigrant will be admitted under same classification as the principal. The dependent spouse and child(ren) are not required to have the same nationality as the principal alien.

Effective January 16, 2002, spouses of E-1 treaty traders or E-2 treaty investors who have been admitted to the United States under sections 101(a)(15)(E) of the Act are authorized employment without restrictions. Further, an unmarried dependent son or daughter of an E nonimmigrant employee of the Taiwan Economic Cultural Representative Office (TECRO) is authorized employment without restriction.


Who is eligible for E-2 Treaty Investor

The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.

If the alien is inside the U.S., the Petition for Alien Worker should be used to apply for a change of status, extension of stay, or change of employment. This category does not require a petition for employment if the alien is outside of the U.S. In that case, the alien applies for this category on his or her own behalf directly to a U.S. consular office abroad.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.


Application Document Requirements

The application must be filed with the appropriate fee payment, and evidence that:

• The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;
  
• The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
  
• The investor has invested in or is actively in the process of investing in the enterprise;
  
• The investment is substantial, i.e. sufficient to ensure the investor's financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  
• The investment enterprise is not a marginal enterprise;
  
• If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
  
• That the applicant intends to depart the U.S. upon the expiration of E-2 status.