I am very happy to announce all E-2 treaty investor visas that we filed last year have been approved. Each investment was in a small business in the hospitality, retail or sporting industry. We are very happy for our clients. All cases were approved within 15 business days of filing and USCIS did not issue any request for additional evidence.
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To qualify for the E-2 Treaty Investor Visa:
- You must be from a country with a treaty of Freedom, Commerce, and Navigation (FCN) with the United States.
- You must make an investment in a U.S. business with the goal of turning a profit.
- Your investment must be a risk, meaning it could be lost.
- You must control your investment.
- The funds you invest must not be able to pull the funds out of the U.S.
- Your investment must be in a real business, not merely stock investments or an investment in undeveloped land.
- Your investment must not be marginal, meaning it must generate more profits than is needed just to support you and your family.
- Your investment must either provide jobs or otherwise create a positive significant impact on the local economy.
- You must own at least 50% of the business and can develop, control, and direct the business.
- You must intend to depart from the United States when your E-2 Non-Immigrant Treaty Investor Visa status is terminated.This doesn’t mean you have to leave the U.S. if your visa remains in effect; it just means you have to commit to leaving if your visa is terminated. E-2 Non-Immigrant Treaty Investor Visa holders might stay in the U.S. forever.