E-2 Investor Visas

E-2 Treaty Investor Visa

The E-2 Treaty Investor visa allows individuals from foreign countries to come to the United States to develop and direct the operations of an enterprise in which that person has invested, or is in the process of investing, a substantial amount of capital. The investor must meet the following requirements to qualify for this visa:

  • The investor must be a national of a treaty country.
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
    • The regulations do not require a specific dollar amount, but the larger the investment the easier it is to prove it is substantial. The amount invested should generally be at least $50,000-$75,000 and possibly more  for certain types of businesses. More importantly the the investor should look at what size investment makes sense for the specific business.
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

An attractive benefit of an E-2 visa is that the spouse of the E-2 visa holder may obtain an open-market work permit to work for any company of his or her choice.

If you have more questions about the E-2 visas, other non-immigrant visas, or wish to learn about permanent residency options available to you, please contact an immigration attorney at Feldman Feldman & Associates, PC.