E-2 Treaty Investors Visa

US Immigration Attorney - E-2 Investors Visa Advice

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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:

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:

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.

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