Overview of E-2 Treaty Trader Visa/ E-2 Treaty Investor Visa
E-1 and E-2 visas are issued to nationals of a country with which the U.S. has an appropriate treaty of commerce and navigation or equivalent pact. Aliens having an E-1 visa come to the U.S. to conduct substantial trade, including trade in services or technology, mainly between the U.S. and the treaty country. For the E-2 treaty investors, they enter the U.S. to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital. An applicant may qualify as the trader or investor or as an employee of a qualifying trader or investor company having the same nationality.
E-2 Treaty Investor Visa
E-2 Treaty Investor Requirements:
- Applicant must be an alien who is a national of a treaty country.
- If applicant will be employed rather than doing business on his or her own account, employing company must have (same) treaty nationality.
- At least 50% of the company’s ownership must be in the hands of the nationals of the treaty country.
- The investment is active, not passive.
- The investment must be substantial in the U.S. Under the proportionate test, the amount invested must be weighed against the total value of the enterprise for established enterprises or the amount considered necessary to set up a viable enterprise for new business. For small to mid-sized firm, “substantial” means the investment must be more than half the value of the enterprise.? For service business, the test is whether the amount is sufficient to establish a viable enterprise.
- The investment cannot marginal, in that the investment is the not the individual’s sole income source. It should be able to create more jobs.
Who can apply E-2 visa. Principal investors, managers, executives, or employees in essential positions of the company.
Length of Stay in the U.S. E-2 visa is generally issued for two years at a time, but can be renewed continuously without a limit on stay in E-2 status, as long as they meet the requirements and the treaty remains in force.
Family Members (spouse/children) of E-2 treaty investor can accompany or follow to join the principal E-2 with the same type of visa. E-2 spouse can work with authorization。
Distinction between E-2 Treaty Investors and EB-5 Immigrant Investors
E-2 treaty investor is a nonimmigrant visa. EB-5 Immigrant Investor is an immigrant category authorizing permanent residence in the U.S. The amount of investment and number of employees required for EB-5 is higher than E-2. Click EB-5 Immigrant Investors for detail.
Countries Having Investment Treaties with the U.S. Please access the link here to see counties which have investment treaties with the United States.