E-2 TREATY INVESTORS VISA
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
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
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'?
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
What is a 'Substantial Amount of Capital'?
A Substantial Amount of
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
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.
E-2 Visa - Application Process
The following steps are required to apply for the E-2 Treaty
1. Form DS-160
- Complete Online Non-immigrant Visa Application, Form
-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
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
7. Digital Fingerprint Scans
- taken as part of your application process, at
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.