E-2 Treaty Investor Visas

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The Fundamentals of the E-2 Treaty Investor Visa

The E-2 treaty investor visa provides foreign investors with the opportunity to enter the United States pursuant to an investment of capital into the U.S. market.  It is a nonimmigrant visa, such that the recipients of this visa must intend to depart the US at the end of their respective authorized period.

Initial periods of stay granted to E-2 treaty investor visas are for a maximum of two years.  Unlimited extensions may be granted to an E-2 visa holder, with each extension thereafter being a maximum of two years in duration.

The E-2 investor will remain in valid status so long as there is no change in the relationship to the investment vehicle (i.e., change in employment status) or another substantive change.  Such changes may include the sale of all or part of an investment vehicle, a merger, or an acquisition.

In addition, the E-2 treaty investor classification extends derivative status to the eligible family members and/or employees.  While these specific rules may seem overwhelming in their detail, we will help break down these requirements so that you may better plan your investment options.

Eligibility for E-2 Treaty Investor Visas

There are three primary requirements to qualify for E-2 classification:

  • Be a national of a country which has entered into an investment treaty with the US.

(A full list of these countries is provided by the U.S. Department of State).

  • Have invested, or be currently investing, a “substantial amount of capital” in a genuine,

good-faith enterprise in the US.

  • Be planning to enter the United States only to direct and develop the investment enterprise. USCIS defines this as having either 50% ownership of the investment vehicle or having operational control as a manager, or as a similar position.

A Question of Capital

USCIS defines “ a substantial amount of capital” as one that is:

  • A substantial portion of the cost of starting or purchasing an investment enterprise.
  • A sufficient amount to ensure the treaty investor’s ongoing, good-faith commitment to the American enterprise.
  • A large enough amount to make the enterprise successful.

At Kandilian Vitelli, we can help determine if your business proposal is likely to meet standards for issuance of an E-2 treaty investor visa, and we will also help you submit documentation in a way that will present your enterprise in the best possible light.

An Investment in Your Future

If you think the E-2 treaty investor visa may be the right fit for you, we encourage you to contact us.  We take pride in the entrepreneurial spirit and will do our part to help you achieve your visions. We are a trusted immigration law firm with local roots and a distant reach across the globe.

Contact us today at (617) 393-3550 or email us with your information to get started.

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