The E-2 Treaty Investor Visa

“Friendship, Commerce and Navigation” Treaties and Bilateral Investment Treaties represent an accord between the United States and other countries.  The treaties were designed to promote good relations and peace through investment or trade, but not immigration.  The E-2 visa is for nationals of treaty countries so that they, whether an individual or company, can work in the U.S. to enhance their investment within the U.S.

E2 Treaty (Business) Investor (A Company)

Not just any investor qualifies for an E2 Treaty (Business) Investor visa.  First, the investment must be in an operating business, not simply an investment in the stock market.  Second, the greater the investment, the greater the chance the visa will be granted.  The lower the investment, the lower the chance the visa will be granted.  However, there is no minimum investment mandated.  The test is subjective, but must substantiate the necessity of having employees enter and work in the U.S.

Note that a substantial investment must be made before the E2 visa application is even submitted, the company applying must be of a treaty country (see below), and the company must show the following to be eligible:

• Substantial capital investment in the U.S. has already been made and will continue to be made.  While there is no minimum investment legally mandated, $40,000 is, in practicality, a minimum.  Even less than $100,000 will be questioned and must be strongly supported.
• The investing company must have capital at risk.  A long-term office lease in the U.S. is considered the minimum allowable risk.   And, debt secured against the company’s assets is considered in determining the amount of capital at risk.
• The investing company must own at least 50% of the U.S. investment so as to maintain control.
• Typically, the cash invested must be significant, not marginal.  This means that, minimally, 51% of the investment should be in cash. This is mandated unless leveraging, such as in real estate, is the norm.
• The U.S. based business is or will be actively managed.
• U.S. workers are or will be employed by the U.S. based business; however, there is no minimum number of U.S. workers required.
• The company or its owner have both a successful history and experience investing in business.
• All company investors and employers agree to and are able to leave the U.S. immediately, upon the expiration of their visa.

Individuals Who “Develop and Direct” Imports/Exports May Apply

Only individuals who will “develop and direct” imports/exports with the U.S. may apply and be granted the E-2 Trader Investor visa.  Key executive and managers as well as specialists and essential skilled workers are eligible.  There is no minimum length of employment by the eligible country mandated, unlike the L1 visa.

Individuals Who “Develop and Direct” Imports/Exports May Apply

Only individuals who will “develop and direct” imports/exports with the U.S. may apply and be granted the E-2 Trader Investor visa.  Key executive and managers as well as specialists and essential skilled workers are eligible.  There is no minimum length of employment by the eligible country mandated, unlike the L1 visa.

Typically, the company registers as a Treaty Investor.  The approval process takes approximately 4 to 6 weeks.  Upon approval, the company applies for E-2 visas for its qualifying employees.  This takes about 10 to 15 business days.

• Executives & Managers

Executives and managers who wish to enter the U.S. to develop and direct trade or investment are eligible.  Typically, the only documentation of skill required is a letter of qualification from the approved company and a resume.

• Specialists or Essential Skilled Workers

Specialists and essential skilled workers have a higher hurdle to admittance than executives and managers.  The company must show that:

o   The worker is of the same nationality as the company,

o   A U.S. worker could not do the same work,

o   The work is required, and

o   U.S. workers will be trained to do the skilled work.

The spouse and children of E-2 visa workers are issued E-2 visas as well.   However, they are not allowed to work, but they may attend school.

Where to Get Help Obtaining an E-2 Visa

Our immigration attorneys at Geygan and Geygan, Ltd. have helped many people just like you to obtain their E-2 Visa.

We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.

We will gently walk you through the immigration issues and aggressively fight for your legal rights.

Call Geygan & Geygan today for more information on the E-2 Treaty Investor visa:  513-793-6555.