E-2 (Treaty Investor) Visa
The E-2 nonimmigrant visa allows foreign nationals from treaty countries to enter the U.S. when they invest substantial capital into a U.S. business.
A list of all current treaty countries can be found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.
To be eligible for E-2 classification, investors must:
- Be a national of a treaty country;
- Have invested or is investing a substantial amount of capital into a bona fide U.S. business; and
- Enter the U.S. for the sole purpose of developing and directing the business, as demonstrated through at least 50% of ownership in the business or operational control through a management position or similar corporate position.
Period of Stay and Conditions
The initial period of stay for an E-2 nonimmigrant is, at maximum, two years. The period of stay may be extended in two-year increments without limit to the number of extensions. Generally, if an E-2 investor travels abroad and reenters the U.S., they will be granted an automatic two-year period of readmission. The investor must, however, maintain the intention to leave the U.S. when their status expires or terminates.
An E-2 investor can only work in the activity that he or she was approved to do by USCIS. Additionally, any substantive changes to the terms or conditions of E-2 status must be approved by USCIS.
Spouses and unmarried children under the age of 21 may seek E-2 dependent classification. Spouse of E-2 treaty investors can apply for work authorization, without restriction to where they can work. Typically, the period of stay for family members is the same as the E-2 investor. Unless accompanied by the E-2 visitor at time of readmission, E-2 dependents will not automatically receive a two-year period of readmission.
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