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E-2 Visa - Frequently Asked Questions

1.

What is E-2 treaty investor visa?

The E-2 treaty investor visa is a nonimmigrant visa which allows foreign entrepreneurs from treaty nations to enter into the U.S. and carry out investment and trade activities.

Note: Investment activities include purchase of a new business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

2.

How do I qualify for E-2 visa?

To qualify for E-2 visa:

  • You must be the national of the country that has an investor treaty with the U.S.
  • You must be serving your company in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee); or you are a 50 per cent owner of the company
  • Nationals of the treaty country own at least 50 per cent of the stock of the U.S. company i.e. the firm has the nationality of the treaty country
  • You are investing or your company has invested substantial amount that is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the U.S.
  • The U.S. business will involve in active trade or rendering of services
  • You intend to depart at the conclusion of your duties in the U.S.

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3.

What is a 'substantial investment'?

There is no set amount in the Regulations as what qualifies as substantial.An investment of at least $200,000 is considered substantial by most. However, it is not fixed and an Invest of much less can qualify, depending on the nature of the business. Ideally $200,000 would be the most appropriate figure.

Note 1: These figures are not the regulations of the USCIS, but they reflect our experience in these cases over the years.

Note 2: If the investment becomes equal or greater than $500,000, you may petition for permanent immigration status if you meet the required criteria.

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