E-2 Visas for Treaty Investors

Below is a general summary of the E-2 visa for treaty investors. It is not intended to serve as a comprehensive outline of all aspects of US Immigration Law pertaining to the E-2 visa.

The E-2 visa, also referred to as the “investor visa,” allows a foreign national to enter the United States to control or direct an investment. E-2s can also be issued to employees of the US company created by the foreign investor. The initial period of stay is one year, but it may be extended almost indefinitely. Some of the requirements and restrictions are as follows:

  1. A treaty allowing E visas must exist between the United States and the foreign investor’s country of citizenship.
  1. The investor must make an irrevocable commitment of funds that represents an actual, active investment.
  1. The business enterprise underlying the investment must represent a real operating enterprise that provides a service or produces a product.
  1. The law does not require a minimum investment figure. However, when investing in an existing business, the investment must be proportional to the total value of the particular enterprise in question. If the investor creates a new business, the investment amount must be an amount normally considered necessary to establish a viable enterprise of the type contemplated.
  1. Qualifying investments include loans secured by the investors’ own assets, unsecured loans granted on the basis of the investors’ signature, and cash reserves placed in a business account at the disposal of the business for purchase of equipment, property, or start-up inventory.
  1. The investment cannot merely support the investor and his family. It should create job opportunities for US workers.
  1. Majority ownership or control of the company must be held by nationals of the country with a qualifying treaty with the United States. Foreign nationals who are also US permanent residents are not counted.
  1. Although the employees or the principal investor of the company who seek E status must be nationals of the country having the qualifying treaty, the spouse and children of the foreign national can have any nationality.

Speak with a San Diego Immigration Attorney

Located in San Diego, California, Chawla Law Group enjoys working with clients located in or moving to the local area as well as those located in Los Angeles, throughout California, and elsewhere. We welcome you to contact us for more information about E-2 visas for treaty investors and how we may be of service to you. Complete our online information form, call (858) 586-0700, or email vchawla@chawlalaw.com.

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