What You Need to Know About the E-2 Investor Visa

E-2 Visas - Austin Immigration Attorneys

The E-2 visa was designed to strengthen economic relations between the United States and a host of nations around the world with which the U.S. engages in commerce. Here’s everything you need to know about the E-2 investor visa, and how you can take advantage of it.

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What is an E-2 Investor Visa?

An E-2 investor visa allows nationals of certain countries admission into the United States when they invest a significant amount of capital in a U.S.-based business. These countries are referred to as “treaty” countries.

What Exactly is a Treaty Country?

A treaty country is one with which the U.S.:

  • Maintains a treaty of commerce and navigation
  • Maintains a qualifying international agreement; or
  • Has enacted qualifying legislation
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Treaty countries include Italy, United Kingdom, Jamaica, Israel, Mexico, Norway, Netherlands, Bulgaria, Egypt, and France.

As well as these nations:

  • Turkey (since 1990)
  • Ethiopia (since 1953)
  • Ukraine (since 1996)
  • Spain (since 1903)
  • Pakistan (since 1961)
  • Australia (since 1991)
  • Germany (since 1956)
  • Cameroon (since 1989)
  • Paraguay (since 1860)
  • New Zealand (since 2019)
  • Oman (since 1960)
  • Costa Rica (since 1852)

You can find a full list of treaty countries on the website of the U.S. Department of State.

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How Do You Qualify for an E-2 Visa?

To be eligible for an E-2 visa you must be a national of a treaty country and have invested or be actively investing a substantial amount of capital in a bona fide U.S. enterprise in which you have a minimum of 50 percent ownership, or operational control as a manager or corporate officer.

Your capital investment and profit potential should be at risk of partial or complete loss if your investment fails.

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What is a Substantial Capital Investment?

A capital investment is considered “substantial” as it relates to the cost of purchasing an existing business or creating a new one. Although there’s no specific minimum dollar amount for an investment to be deemed substantial, a substantial investment is one that’s considered sizable enough to ensure that the investor is committed to the success of the operation. The lower the cost of the business, the higher the investment must be in order to be deemed substantial.

What is a Bona Fide U.S. Enterprise?

A business that’s considered to be “bona fide” is one that is an active and functioning commercial or entrepreneurial venture that generates goods or services for a profit. The enterprise must comply with legal requirements for businesses within its locality.

How Do You Apply for E-2 Classification?

When Inside of the U.S.

A treaty investor who is currently in the U.S. with a lawful nonimmigrant status can file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to apply for a change of status to an E-2 classification. If an investor’s employee is presently in the U.S. with a lawful nonimmigrant status, a qualifying employer can file Form I-129 on behalf of the employee so that they may obtain a change of status to an E-2 classification.

When Outside of the U.S.

An individual who is physically located outside of the U.S. cannot request an E-2 classification via Form I-129. They must file paperwork with the U.S. State Department. An immigration attorney is an ideal resource for individuals in this situation. A skilled attorney can guide applicants through this process.

After receiving a visa, the individual can seek admission into a U.S. port of entry as an E-2 nonimmigrant.

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Frequently Asked Questions

Do You Need to Talk to an Attorney About Obtaining an E-2 Visa?

If you’re interested in getting an E-2 investor visa, we can help you. Call our office today to schedule your consultation to discuss your case.

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