The E-2 Investor Visa Program

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for nationals of countries with which the United States maintains a treaty of commerce and navigation who intend to enter the United States in order to invest their own funds (such that the invested funds are at risk) into a U.S. enterprise. The E2 visa is also available for certain employees of the principal E2 investor from the same country of nationality, or for employees of an individual or company abroad that would qualify as an E2 treaty investor. For those who are eligible, the E2 visa is a powerful tool for investing money in the United States. This article will explain the requirements for qualifying as an E2 Treaty Investor, the E2 treaty investor application process, and the rules for being on and maintaining E2 status (including derivative E2 visas for family members).

A significant amount of capital must be invested at a commercially controlled capacity with risk management factors. Eligibility for E-2 visa is available to foreign national recipients who are citizens of treaty countries as part of commerce and navigation initiatives established under the U.S. Department of State. Investors applying for an E2 visa outside of the U.S. are not required to file for a petition.

See U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

More Investment Visas

L-1A International Managers

Manager or executive works for foreign company that is related to a US company by 50% or more common ownership. The manager must have worked for the foreign company for one of the past three years and must be coming to the US company to work in a managerial or executive capacity.

E-1 Treaty Traders

The United States has signed a number of treaties with foreign nations designed to promote trade and investment. The E-1 visa category allows applicants and their minor children to apply for derivative E-1 visas so they do not have to separate from their families.

E-2 Treaty Investors

Owner or Developer of the new enterprise from a treaty country (see list of treaty countries) has 50% or more ownership in a substantial US employment creating investment. As a general rule substantial means $200,000 or more. Although smaller investments are often approved the risk of denial increases as one heads south of $200,000.

EB-5 Immigrant Visas

Individual invests $500,000 in a high unemployment area (150% of national unemployment rate) or $1,000,000 elsewhere and hires 10 persons within 2 years, or invests in a Regional Center and may use job multiplier studies instead of direct employment. Because this category has been controversial INS processing times are slow and unpredictable.

None of the investor categories have language, education or business experience requirements.