Treaty Investors

Treaty Investor Investors E-2

E-2 visa is a nonimmigrant visa. It is available to investors from nations which have bilateral investment, commercial, and navigation treaties with the United States. Individuals who qualify will have made a substantial investment in the United States company; and intend to come to the US to develop and direct the operations of that enterprise. The holder of an E-2 visa may be eligible to qualify to apply for permanent residence in the United States. Certain employees of a qualified E-2 organization may also be eligible for this classification.

Eligibility for the E2 visa

Investors who meet the following requirements may qualify for E-2 visa:

  • Investors home country maintains a treaty of commerce and navigation or bilateral investment with United States;
  • The investor has made a substantial investment in a United States business. An investment is substantial of capital, including funds and other assets, at risk in the commercial sense with the objective of generating profits. The Will must be subject to partial or total loss if the investment fails. The investor must show that the funds have not been obtained directly or indirectly from criminal activity;
  • Substantial amount of capital is in relationship to the total cost of either purchasing are establishing enterprise are establishing a new one sufficient to ensure the treaty investors, financial commitments to the successful operation of the enterprise.
  • The investment enterprise may not be marginal. He marginal Enterprises one. It does not have to be present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. The enterprise should have the capacity to generate such income within 5 years the date that the treaty investor classification begins. To measure and executives degree of managerial skills;
  • Special qualifying skills which make employee services essential to the efficient operation of the business. They include but are not limited to the degree of proven expertise in the employee’s area of operations. Whether others possess the employees
  • specific skills. The salary that the special qualifications can command whether the skills and qualifications are readily available in the United States
  • The business enterprise in which the investment was made is not less than 50% owned by citizens of the treaty country;
  • Investor intends to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves special skills;
  • Investor possesses financial means of support independent of the enterprise.;
  • A spouse and unmarried minor children of the E-2 visa holder will also qualify for E-2 visas.

Of additional benefit is that the applicant demonstrates that individual’s investment will result in the creation of jobs within the United States

Duration of Stay

An E-2 visa is issued for a two-year period. The E-2 visa is renewable for an indefinite period of time as long as the Visa holder continues to operate the enterprise in the same capacity as initially approved.

Visa Eligibility for a Spouse and Minor Children

The spouse and unmarried minor children of an E-2 visa holder will also qualify for E-2 visas. However, this will not automatically grant the spouse and children the right to work in the United States. A spouse and children will qualify to obtain a social security card, they may attend US Schools and obtain a driver’s license.

The above referenced material is the opinion of Francis Jerome Shea and should not, under any circumstances be considered to be taken as legal advice.

For a confidential and comprehensive evaluation of your case contact:

Francis Jerome Shea; 644 Cesery Boulevard, Suite 250 Jacksonville, FL 32211; Phone 904-399-1966;