The E-2 Non-Immigrant Trader Treaty Visa is a viable alternative to the Immigrant Investor Visa (EB-5), which is more challenging to obtain.
E-2 Trader Treaty Visa Benefits
As an E-2 Trader Treaty Visa holder:
• You may be self-employed so long as your work is in furtherance of a qualifying investment.
• You may remain in the United States for as long as you like so long as you maintain the qualifying investment and the E-2 Trader Treaty Visa status.
• You are not required to maintain any ties with your home country.
• Your spouse and dependent children, who are unmarried and under the age of 21, may come to the U.S. with you and remain so long as your E-2 Trader Treaty Visa status remains intact.
They will hold the same status as you (E-2), even if they’re from a non-treaty country.
How to Qualify for the E-2 Trader Treaty Visa
To qualify fro the E-2 Trader Treaty Visa:
• You must be from a country that has 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 that 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 have the ability to develop, control, and direct the business.
• You must intend to depart from the United States as soon as your E-2 Non-Immigrant Trader Treaty Visa status is terminated.
This doesn’t mean that you have to leave the U.S. so long as your visa remains in effect; it just means that you have to commit to leaving if your visa is terminated.
E-2 Non-Immigrant Trader Treaty Visa holders can potentially stay in the U.S. forever.
Where to Get Help Qualifying for the E-2 Trader Treaty Visa
This article provides general educational legal information on the benefits of and qualifications for the E-2 Trader Treaty Visa. To determine whether the E-2 Visa is appropriate for you and your family, consult with a qualified immigration lawyer.
Our law firm focuses our legal practice on immigration law and, specifically, we guide foreign nationals who wish to live, work, and invest in the United States through the E-2 Trader Treaty Visa application process. Your next step is to contact our immigration attorneys at 513-793-6555 or Thomasjr@geygan.com.