E-2 TREATY INVESTORS A

VIABLE ALTERNATIVE TO
PERMANENT RESIDENCY

An E-2 treaty investor visa is a nonimmigrant visa which allows

foreign entrepreneurs from treaty nations to enter into the United
States and participate in substantial trade. This E-2 visa basically
allows business owners, managers and employees to remain in
the US for extended periods of time to oversee their investment
or enterprise. The visa is renewable every two years and there is
no restriction as to the number of times the visa can be renewed.
To qualify, the foreign national must be from a country that holds
a bilateral investment treaty with the United States. All the EU
nations, including the United Kingdom, along with the
Scandinavian countries qualify. Select countries from Latin
America, Africa, Eastern Europe and the Middle East also have
eligibility. You will need to check with an immigration attorney or
the US Department of Homeland Security to see if you are from a
qualifying country.
The purpose of the operations of the trade can also be to develop
and direct the operations of an enterprise in which the alien has
invested, or is in the process of investing under the provision of

the Immigration and Nationality Act. The investment activities

include the purchase of a new business, of which the investment
must be significant to ensure the successful operation of the
enterprise and should be proportional to the total investment. The
investment should be more than half the total value of the
enterprise or, in the case of a new business, the investment
amount should be sufficient to ensure the successful operation of
the enterprise. There are certain amounts of capital investment
and the percentage of ownership the USCIS will use to determine
if the investment does meet the substantial threshold. Please
consult with an immigration attorney to see if you meet those
guidelines.
As a general basis, the alien applying for the visa should be
serving the company in a supervisory or executive capacity in
nature that involves skills which is essential to the operation of
the business, in other words, the alien should be a key employee,
or owns at least 50% of the company.
The percentage of ownership is increased where there is a low
cost business enterprise. In these situations, the capital
investment and ownership must be higher than the percentage of
investment in a high cost-enterprise; this is to ensure that the
investment is substantial.
The aliens investment must be a real operating enterprise;
applicant will not qualify with speculative or idle investment, just
the same uncommitted funds in a bank account or similar security
are also not considered an investment.
The investment made should not be marginal, the investment
should have the capacity to generate a significant amount of
income; more than the amount needed to provide everyday living
expenses for the investor and his family, and in other words it
should have a significant economic impact in the United States.

The investor must be in control of the funds, the funds should not
be one that is secured by the assets of the enterprise.
The E-2 investor does not require a specific amount of employees,
but cannot be just a marginal investment either. In most
circumstances, 2-3 employees are sufficient to meet this
threshold. Other positive aspects to this visa are that a spouse
can receive employment authorization, and minor children can
attend public schools.
Applicants applying for the E-2 Investor visa would need to make
an application at the U.S. Embassy Consulate that has jurisdiction
over their place of permanent place of residence. Applicant can
also apply at any U.S. Consulate abroad, however it may be more
difficult to qualify outside of ones permanent residence. An
interview at the United States Consular office where application
was made is required as part of the application process for
applicants 14 and 79 years of age; however, applicants age 3 and
younger as well as applicants age 80 and older are not required to
do an interview unless requested by the consulate office. Each
applicant applying for an E-2 investment visa should complete
and print the following forms; online Nonimmigrant Visa Electronic
Application Form DS-160, Nonimmigrant Treaty/Trader Investor
Application Form DS-156E, a passport valid for travel to the
United States with a validity date of at least 6 months and beyond
the applicants intended period of say within the United States,
unless country specific agreements provided exemptions. If more
than one person is included in the passport each form must
complete a copy of each the applications. Along with the
completed application forms each applicant is also required to
submit 1 (22) color photograph. The application cost or each
applicant is $390.00, all U.S. Immigration fees are quoted in U.S.
Dollars.

An applicant applying for a Treaty Investor (E-2) visa must first

establish that the investment enterprise meets the requirement of
the law, and complies with the requirements of the E visa
classification. Special forms may be required by the Consular
Officer for the sole purpose of establishing adequate eligibility, as
well as requesting additional documentation which may also
assist them to determine eligibility. It is not possible to specify the
exact documentation needed by the Consulate as each
circumstance varies by applicant.
Applicants please remember that attempting to obtain a visa by
the willful misrepresentation of a material fact or fraud may result
in permanent refusal of a visa or denial of entry into the United
States.
There are certain activities which may result in being ineligible for
a U.S. visa. However, in some instances an applicant who is
ineligible, but is properly classified for a certain type of visa, may
apply for a waiver of ineligibility and be issued a visa if and when
the waiver is approved. If the Consular Officer should find it
necessary to refuse an applicant the issuance a visa, the
applicant may make a new application if there is new evidence to
overcome the denial. In the absence of new evidence Consular
Officers are not obliged to re-examine such cases.
Spouses and unmarried children under the age of 21, regardless
of nationality may receive derivative E visas to accompany the
principal visa holder. The spouse of an E visa holder may apply to
the Department of Homeland Security for employment
authorization, however, dependents children are not authorized to
work in the United States. Please see website for list of treaty
countries for review, americanlaw.com/treatylist.
If you are considering applying for this type of visa, it is highly
recommended to hire a skilled immigration attorney to assist in
the preparation of these petitions.

This article was written by the assistance of the following

websites
Americanlaw.com/treatylist, Retrieved on March 29, 2011
Travel.state.gov/visa/temp/types/types, Retrieved on March 30,
2011

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