The E-2 visa, also known as the E-2 treaty investor visa, is a nonimmigrant visa that allows foreign nationals of countries that have a treaty of commerce with the United States to reside temporarily and work legally in the U.S. after investing a substantial amount in a U.S. company.
To qualify for an E-2 visa, the applicant must:
In most cases, you do not need to reside in one of the treaty countries to be eligible for this visa, as long as you are a citizen of one of them, although each international treaty has its unique requirements. On the other hand, even if you live legally in a treaty country but are not a national of that country, you will not be able to apply.
It is also important to note that you will have to present a business plan to give more credibility to your investment.
Below is a list of countries that have a treaty of commerce, or E-2 treaty, with the United States, as of November 2022:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.
In addition to living and working legally in the U.S., you may travel in and out of the country without restrictions. It is important to note that the E-2 Visa holder is limited to working in the company for which the E-2 visa was granted.
Your spouse and dependent children under the age of 21 may accompany you. Your spouse is allowed to work anywhere in the U.S., and he/she is not required to work in the E-2 business. Your dependent children may study at a U.S. public school or university without applying for an additional study permit, however, they will not have work authorization.
The E-2 visa is a temporary visa, and it does not lead to a Green Card. However, you can apply to renew it indefinitely as long as you continue to meet the E-2 visa requirements.
There is no minimum investment required to apply for the E-2 visa, as consular officers analyze investments on a case-by-case basis. The required amount will depend on the size of the business. However, the investment must be considered substantial. A substantial investment can impact the operations of an existing enterprise or, for startups, allow the business to begin operations in the country.
The investment enterprise must also not be considered marginal. This means that the company must generate enough income to support more than the treaty investor and their family, i.e., you must hire other employees, or show that the company has a present or future capacity to make a significant economic contribution.
Since E-2 visa cases vary greatly, finding information that fits your specific needs can be challenging. At Symphorien-Saavedra Law, we have extensive experience with investors and entrepreneurs from various treaty countries. Frank Symphorien-Saavedra is Board Certified as expert in Immigration and Nationality Law by the Florida Bar and has helped many clients over the years. We ready to provide you with personalized advice guiding you along the process.
Contact us at 407-802-1717 and schedule a consultation with one of our E-2 visa lawyers. You can also fill out the online form at the end of this page, and we will contact you shortly.