WHAT IS THE E-2 PROGRAM
The ”E-2 Investor Visa ” allows an individual to enter and work inside of the U.S.
based on a “substantial investment ” he or she will be controlling in the country.
This visa must generally be renewed every two years, but there is no limit to how many times one can renew.
The capital must be subject to partial or total loss if the investment fails.
A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and his or her family.
Requests for extension of stay may be granted in increments of up to two years each.
There is no maximum limit to the number of extensions an E-2 visa holder may be granted.
Spouses of E-2 visa holders may apply for work authorization. If approved, there is no specific restriction as to where the E-2 spouse may work.
For more information visit:
www.uscis.gov/e-2
This visa must generally be renewed every two years, but there is no limit to how many times one can renew.
GENERAL QUALIFICATION OF A TREATY INVESTOR
To qualify for this classification, the investor must:- Be a national of a country with which the United States maintains a treaty of commerce and navigation (refer to U.S. Department of State's Treaty Countries); and
- Have invested, or be heavily in the process of investing, a substantial amount of capital in a “bona fide” enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise.
INVESTMENT
An investment is the placement of investor’s capital, including funds and/or other assets, at risk in the commercial sense, with the objective of generating a profit.The capital must be subject to partial or total loss if the investment fails.
SUBSTANTIAL AMOUNT OF CAPITAL IS:
- Substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one; and
- Sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise; and
- Of a magnitude to support the likelihood that the investor will successfully develop and direct the enterprise.
“BONA FIDE ” ENTERPRISE
This definition refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.MARGINAL ENTERPRISES
The investment enterprise may not be marginal.A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and his or her family.
PERIOD OF STAY
Qualified treaty investors and employees will be allowed a maximum initial stay of two years.Requests for extension of stay may be granted in increments of up to two years each.
There is no maximum limit to the number of extensions an E-2 visa holder may be granted.
FAMILY OF INVESTORS AND EMPLOYEES
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not to be the same as the investor or employee.Spouses of E-2 visa holders may apply for work authorization. If approved, there is no specific restriction as to where the E-2 spouse may work.
For more information visit:
www.uscis.gov/e-2
