What is a “Treaty a Country”?A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States.
What is a Treaty Country Nationality?The authorities of the foreign state of which the alien is a national determine the nationality of an individual treaty investor. In the case of an enterprise or organization, ownership must be traced as best as is practicable to the individuals who are ultimately its owners
Which countries or regions are on the list for the Treaty Investor services?[ez_btn color=”red” url=”http://geygan.net/immigration/e-1e-2-eligibility-requirements/treaty-countries/”]Please click here[/ez_btn]
What are the requirements for the Treaty Investor category?E2 status is designed for qualifying individuals who are citizens or nationals of countries with a qualifying commerce and navigation treaty with the U.S., and who will solely develop and direct the operations of an enterprise in which he/she has invested or is actively in the process of investing substantial capital
How does USCIS define “investment”?USCIS defines investment as the treaty investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Note : The funds used by the investor must be the investor’s own unsecured personal funds not a loan or some other secured financial instrument
What is considered a “Bona Fide Enterprise”?A bona fide enterprise means that the enterprise must be a real, active, and operating commercial or entrepreneurial undertaking that actually produces services or goods for profit.
How much is considered a “Substantial amount of Capital”?A substantial amount of capital is considered an amount, which meets the following three criteria:
- That is substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise being considered;
- Sufficient to ensure the treaty investor’s financial commitment to the enterprise’s success; and
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
What does “solely to develop and direct” mean?Solely to develop and direct means that the treaty investor can demonstrate he or she develops and directs the investment enterprise by:
- Showing control via ownership of at least 50% of the enterprise; or
- Showing operational control through a managerial position or other corporate device, or by other means.
What is a “Marginal Enterprise”?A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. In other words, a marginal enterprise is only sufficient enough to provide a minimal living and nothing more for an investor
What are “Special Qualifications”?Special qualifications are those skills and/or aptitudes that an employee in a lesser capacity brings to a position or role that are “essential” to the successful or efficient operation of the treaty enterprise.
What is VIBE?The Web-based Validation Instrument for Business Enterprises (Vibe) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. Vibe uses commercially available data from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ alien workers. Currently, the independent information provider for the VIBE program is Dun and Bradstreet (D&B). For more information about VIBE, please visit USCIS’s website at www.uscis.gov/vibe
Is Labor Certification necessary for E2 status?Labor certification is not necessary nor a requirement for the E2 classification
Must an individual file the Petition for a Nonimmigrant Worker (Form I-129) to get E2 status?No. It is only necessary to file the Form I-129 if the individual is in the United States in a valid nonimmigrant status seeking E2 or an extension of E2 status. Otherwise, the E2 can be applied for directly at the nearest U.S. consulate that processes nonimmigrant visas.
Can a U.S. employer file for an E2 status for an employee?No. A United States employer cannot petition for E2 status for an employee since this visa classification is specifically set aside for foreign nationals, including foreign employers, with a Treaty of Friendship, Commerce, Navigation or some similar type of agreement between the United States and a foreign nation.
Can an employer get E2 status for an employee?An employer can get E2 status for an employee if the employee meets all of the requirements for E2 status
Can the E2 employee file the Form I-129 for himself or herself?No. The E2 employer or the employer abroad must always file the Form I-129 on behalf of an E2 employee.
What requirements must an individual meet to become an E2 Treaty Investor?In order to obtain an E2 Treaty Investor status ,one must meet the following eligibility requirements:
- A treaty, with treaty investor provisions, exists between United States and foreign state;
- The individual and/or business possess the nationality of the treaty country;
- Has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States;
- Is seeking entry solely to develop and direct the enterprise; and
- Intends to depart the United States upon the expiration or termination of treaty investor (E2) status
- Note: A substantial amount of capital is distinct from a relatively small amount of capital in a marginal enterprise that is solely for the purpose of
- earning a living
What requirements must the employee meet to become an E2 employee?In order to obtain E2 employee status ,one must meet the following eligibility requirements:
- The employee must be a national of the treaty country;
- The employee’s employer must either be in valid E2 status or if outside of the U.S., the employer is classifiable under E2 status;
- The employee is coming to the United States to fill an executive or supervisory position; or has special qualifications essential to the firm’s operations in the United States; and
- The beneficiary intends to depart the United States when the E2 status terminates
How do you change the status of someone who is already in another valid nonimmigrant status to an E2 nonimmigrant status?If the beneficiary is not in one of the visa categories listed below, follow the process for applying for an initial E2 visa.
If the beneficiary is in C, D, K, S, or J visa categories, see below:
- C Visa: The beneficiary cannot change status.
- D Visa: The beneficiary cannot change status.
- K-1/K-2: The beneficiary cannot change status.
- K-3/K-4: The beneficiary cannot change status while physically present in the U.S.
- S Visa: The beneficiary cannot change status.
- J Visa: The beneficiary cannot change status if subject to the two-year foreign residency requirement unless he/she returns home and physically resides in his/her country for 2 years following departure from the U.S., or obtains a waiver of the two-year residency requirement.