The E-2 visa is a temporary work visa that allows businesspeople from certain countries with which the U.S. has entered into treaties to work in the U.S. Like all visas, applicants must meet certain requirements in order to qualify.
Qualifications For An E-2 Treaty Investor Visa
There are six requirements for the E-2 visa:
- The applicant must be a citizen of a country that has a relevant treaty with the United States. Treaty status can be verified by consulting the U.S. State Department website, here.
- The applicant must be coming to work at a company that he/she owns or the company must be at least 50% owned by other nationals of the country of origin.
- The applicant must be either the owner or a key employee of the U.S. business and can only work for that company while in the U.S.
- The applicant or the company must have made a substantial investment in the U.S. business. There isn’t a required minimum investment to meet the threshold of “substantial”, but the USCIS considers it to be: “the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit.”
- The company must be actively engaged in commercial activities that grow the business. It cannot be solely a means to support the investor since the underlying goal of the treaty investor visa is to create jobs for U.S. workers.
- The applicant must intend to leave the U.S. when his or her business in the U.S. is completed and may be asked to provide such evidence to the U.S. consulate evidence.
Arrange A Consultation With An Immigration Attorney For E-2 Visa Advice
The E-2 visa is a very popular visa option but it is not the only option available. If the E-2 qualifications do not apply to you, contact one of the immigration attorneys at Overstreet, Miles, Cumbie & Finkenbinder, P.A. in Kissimmee, FL for an analysis of your situation and help finding the right visa option for your needs.
If you do qualify and want to purse an E-2 visa, our attorneys can guide you through the application process and help you navigate the rules and requirements of the USCIS and U.S. State Department.
Contact our team at 407.847.5151 to arrange a consultation.