E-2 Investor Visa Overview

 

The E-2 Investor Visa allows individuals to enter and work in the United States based on a substantial investment in a U.S. enterprise they control. While the visa is typically valid for two years, it can be renewed indefinitely. Certain employees of the investor or a qualifying organization may also be eligible.

 

Treaty Basis

 

The E-2 visa is rooted in treaties of “Friendship, Commerce, and Navigation” and Bilateral Investment Treaties that the United States has established with many countries. These agreements aim to promote trade, investment, and good relations. However, some treaties, particularly with former communist states, focus solely on investment and do not provide trade-related immigration benefits.

 

Eligibility Requirements

 

To qualify for the E-2 program, applicants must:

• Be nationals of a country with which the United States has a treaty of commerce and navigation.

• Have invested, or be actively investing, a substantial amount of capital in a bona fide U.S. enterprise.

• Intend to enter the U.S. solely to develop and direct the enterprise, demonstrated by at least 50% ownership or operational control through a managerial position.

 

Substantial Investment Criteria

 

The investment must be:

• Proportionate to the total cost of purchasing or establishing the enterprise.

• Sufficient to demonstrate the investor’s financial commitment.

• Significant enough to ensure the enterprise’s successful operation.

 

Duration of Stay

 

Qualified investors and employees are initially granted a two-year stay. Extensions can be approved in two-year increments with no maximum limit, provided the applicant intends to leave the U.S. when their status ends.

 

Travel abroad generally resets the stay period to two years upon reentry, eliminating the need to file a new Form I-129.

 

Filing Process

 

If Outside the United States

1. Purpose: File the DS-160 application for an E-2 visa.

2. Process: An attorney prepares the DS-160 and supporting documents.

3. Requirements: The applicant must meet E-2 qualifications.

4. Determination: The local U.S. embassy schedules and conducts the interview.

5. Timing: Preparation typically takes 90 days.

 

If Inside the United States

 

Applicants in lawful nonimmigrant status may file Form I-129 to request a change of status to E-2 classification. Employers may file Form I-129 for qualifying employees already in the U.S.

 

Terms and Conditions of E-2 Status

• Treaty investors and employees may only work in the approved activity.

• Employees may work for the treaty organization’s parent company or subsidiaries if:

• The relationship between entities is documented.

• The role requires executive, supervisory, or essential skills.

• Employment terms remain consistent with original approval.

 

Substantive Changes

 

Any major changes, such as mergers or acquisitions, require filing Form I-129 with evidence of continued eligibility and payment of fees. Non-substantive changes do not require filing but may benefit from USCIS guidance.

 

Family Members

 

Spouses and unmarried children under 21 can accompany or join the E-2 visa holder. Their nationalities do not need to match the investor’s.

• Status Application: Dependents may apply for E-2 classification via Form I-539 with applicable fees.

• Work Authorization: Spouses can file Form I-765 to obtain employment authorization, with no restrictions on the type of work.

 

Family members traveling separately must independently track their authorized stay and apply for extensions as necessary.

 

For detailed regulations, refer to 8 CFR 214.2(e).

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