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E-2 Visa - Treaty Investors

→ US Visas → E-2 TREATY INVESTORS VISA

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US Immigration Attorney - E-2 Investors Visa Advice

Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Brisbane, Australia, Hong Kong, Singapore, London, UK and Lisbon, Portugal. Our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:

  • Visa eligibility and Treaty Country eligibility
  • Information about the visa process
  • Assistance with a re-application after a US Visa Denial
  • Advice regarding eligible Investments in a US Enterprise
  • Supporting documents showing evidence of new American business Investment, invoices and contracts
  • Checklist of documents required and format
  • Assistance in completion of USCIS Application forms or petitions
  • US Consulate Interview preparation covering common questions and answers
  • Visa Processing time guidance
  • USCIS fees and Attorney fees for complete visa application assistance

Contact VisaConnect's US Immigration Attorney's, in 2023 for advice and assistance with your E-2 Treaty Investor Visa application! Visit us in our offices in Brisbane, Australia, Singapore, Hong Kong and London, UK!

E-2 Visa - Qualifications of a Treaty Investor

The E-2 Investor must meet the following qualifications to qualify for the E-2 visa:

1. Treaty Country - Be a national (citizen holding a valid Passport) of a country with which the United States maintains a treaty of commerce and navigation.

2. Invested in US Enterprise - Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.

3. Seeking to Develop the Investment Enterprise - Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

What is an 'Investment'?

An Investment is the treaty investor's placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

What is a 'Substantial Amount of Capital'?

A Substantial Amount of Capital is defined as follows:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
  • Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise.
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

What is a 'Bona Fide Enterprise'?

A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Note that a 'Marginal Enterprise' is not allowed. A marginal enterprise is one 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. An investment will not be considered Marginal if the enterprise has the capacity to generate such income within five years from the date that the treaty investor's E-2 classification begins.

What are the Treaty Countries?

The following are a list of the U.S. Department of State's Treaty Countries (as at 2021), of which nationals of these countries are eligible for either the E-1 Treaty Trader visa or the E-2 Treaty Investor visa or both visas:

  • Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Costa Rica, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Iran, Ireland, Israel, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

EB-5 Immigrant Investor Program for a US Green Card (Permanent residence)

For information about the eligibility criteria and visa process for the US EB-5 Immigrant Investor Program, see our web pages:

E-2 Visa - Application Process

The following steps are required to apply for the E-2 Treaty Investor visa:

  • 1. Form DS-160 - Complete Online Non-immigrant Visa Application, Form DS-160.
  • 2. Photo - Upload your Photo.
  • 3. Schedule an Interview You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live.
  • 4. Pay Visa Application Fee
  • 5. Form DS-156E - Complete Non-immigrant Treaty Trader/Treaty Investor Application, Form DS-156E (required for all E-1 and E-2 visa applicants).
  • 6. Additional Documents and Forms at Interview - visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose.
  • 7. Digital Fingerprint Scans - taken as part of your application process, at the Interview.
  • 8. Spouse - Employment Authorization - Spouses who wish to work in the US may apply for the E-2 visa as dependents, and complete the form I-765 work authorization, with USCIS, after the Spouse has arrived in the US. If approved, there are no specific work restrictions regarding where they may work.