1. What is an E-2 Treaty Investor visa?

An E-2 Treaty Investor visa is a nonimmigrant visa that allows foreign citizens of countries with which the United States has a treaty of commerce and navigation to come to the U.S. to direct and develop the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. This visa does not grant permanent residence in the U.S., but may be renewed indefinitely as long as the investor is in compliance with the terms of the visa.

2. How long is an E-2 Treaty Investor visa valid?

An E-2 Treaty Investor visa is valid for two years, but may be renewed for an indefinite period of time as long as the applicant continues to meet the requirements.

3. Who is eligible to apply for an E-2 Treaty Investor visa?

The E-2 Treaty Investor visa is a nonimmigrant visa that allows a foreign national of a treaty country to enter and work inside of the United States based on an investment they will be controlling, while inside the U.S. To be eligible for an E-2 Treaty Investor visa, the foreign national must be a citizen of a country that has an existing treaty of commerce and navigation with the United States, have invested, or be actively in the process of investing a substantial amount of capital into a legitimate enterprise in the United States, and have control of the funds, and the investment must be sufficient to ensure the successful operation of the enterprise. The applicant must also be coming to the U.S. solely to develop and direct the investment enterprise.

4. What types of investments qualify for an E-2 Treaty Investor visa?

E-2 Treaty Investor visas are for individuals who invest in a US business, either through buying or creating a business. Eligible investments must be substantial and calculable, with the purpose of generating profits for the investor. These investments can include real estate, stocks, bonds, private businesses, or other assets.

5. What documents and evidence are required to support an E-2 Treaty Investor visa application?

Documents and evidence required to support an E-2 Treaty Investor visa application include the following:

1. A copy of the investor’s passport, including the expiration date.
2. Proof of the investor’s citizenship in a treaty country.
3. Evidence of the investor’s substantial investment in the US business, such as a copy of the applicant’s business plan and documents demonstrating ownership of the investment funds, such as bank statements or stocks.
4. Documentation that proves the investor’s control over the enterprise and/or its assets, such as bylaws or articles of incorporation.
5. Evidence that the investment was made prior to filing for the visa and that it will be used to create a business or expand an existing business.
6. Proof that the business is a for-profit enterprise, such as audited financial statements or an income tax return.
7. Evidence of the investor’s intent to enter into the US to develop and direct the enterprise, such as a resume, job description, or an employment agreement.

6. What is the processing time for an E-2 Treaty Investor visa?

The processing time for an E-2 Treaty Investor visa can vary depending on the country and the individual application. Generally, the processing time is anywhere from two to three months.

7. Can I work on an E-2 Treaty Investor visa?

Yes, an E-2 Treaty Investor visa allows the holder to be employed by the company they are investing in. This is the only type of visa that allows the holder to have an ownership stake in a business while also working for it.

8. Can I get an employment authorization document (EAD) with an E-2 Treaty Investor visa?

Yes, an EAD can be obtained with an E-2 Treaty Investor visa. The applicant must file Form I-765 and provide evidence that they are eligible for the document. Generally, the applicant must show that they are either in a valid E-2 status, or actively maintaining their status. Certain spouses may also be eligible for an EAD with an E-2 visa.

9. What is the difference between an E-1 and E-2 Treaty Investor visa?

An E-1 Treaty Trader visa allows nationals of certain countries to stay in the United States for the purpose of engaging in international trade between the United States and their country of origin. An E-2 Treaty Investor visa allows nationals of certain countries to stay in the United States to direct and develop an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital.

10. How do I renew or extend my E-2 Treaty Investor visa?

In order to renew or extend your E-2 Treaty Investor visa, you must submit your application to USCIS prior to the expiration of your current visa. You will need to file Form I-129, Petition for a Nonimmigrant Worker. You must also submit evidence that you have maintained your status in the United States as an E-2 Treaty Investor and that you plan to continue doing so, such as copies of your business registration, financial statements, and other evidence that demonstrates ongoing investment activity. Once your petition is approved, you will be able to extend your visa for up to two years at a time.

11. What is the maximum period of stay I can get with an E-2 Treaty Investor visa?

The maximum period of stay for an E-2 Treaty Investor visa is two years. It can be renewed indefinitely, as long as the applicant continues to meet the requirements and the treaty of friendship and commerce between the United States and the applicant’s home country remains in effect.

12. Are there any specific requirements regarding my investment for an E-2 Treaty Investor visa?

Yes. The investment must be substantial, meaning it must be enough to ensure the successful operation of the enterprise. It must also be a real operating enterprise, producing some type of goods or services. Additionally, the investor must have control over the funds, and the investment must be at risk in the commercial sense. Finally, the investment must create employment in the United States.

13. What happens if I want to sell my investor business in the United States on a Treaty Investor Visa?

If you are seeking to sell your business in the United States on a Treaty Investor visa, you must receive approval from the United States Citizenship and Immigration Services (USCIS). You must show evidence that you have invested a substantial amount of capital, have created or will create new jobs in the United States, and have made or will make a positive contribution to the U.S. economy. Additionally, you must demonstrate that you are able to successfully manage the business before selling it. Once the USCIS approves your application, you may then apply for a Certificate of Eligibility for Nonimmigrant (E-2) Status.

14. Can I bring my spouse and children with me on a Treaty Investor Visa?

Yes. Your spouse and unmarried children under 21 can accompany you to the US on a Treaty Investor Visa as long as they are included in the same petition. They will receive an “E-2D” visa which will be valid for the same length of time as your E-2 visa.

15. Are there any restrictions on what type of business activities I can pursue on a Treaty Investor Visa?

Yes, there are restrictions on what type of business activities you can pursue on a Treaty Investor Visa. Specifically, the business must be an active commercial or entrepreneurial venture that would generate a significant economic impact in the US. The business must also be one in which the investor has a controlling ownership interest, and a real operational role in managing it. The business must also be a for-profit enterprise and cannot involve speculative investments or “paper transactions.” Lastly, the investor must make a substantial investment (usually at least $100,000) and create at least ten full-time jobs for US workers.

16. Can I change my status from a nonimmigrant to immigrant on a Treaty Investor Visa?

Yes, you can change your status from a nonimmigrant to immigrant on a Treaty Investor Visa. However, you must meet all the requirements of the immigrant visa and be admissible to the United States. Additionally, you must present evidence to establish that you are eligible for the visa and that you will be engaging in a substantial amount of trade or investment activity in the United States.

17. What is “substantiality” in terms of the required investment for an E-2 Treaty Investor visa?

Substantiality, in terms of the required investment for an E-2 Treaty Investor visa, means that the investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. A substantial amount of capital must be committed to the enterprise and it must be sufficient to support the treaty investor and his/her family. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.

18. What are the filing fees for an E-2 Treaty Investor visa application?

The filing fee for an E-2 Treaty Investor visa application is $705.

19. Are there any special tax considerations to be aware of when investing in the United States with an E-2 investment Visa?

Yes, there are special tax considerations to be aware of when investing in the United States with an E-2 visa. First, it is important to note that the E-2 visa is a non-immigrant visa, which means that investments made under this visa are temporary and must meet certain criteria for renewal. Additionally, income earned in the U.S. is subject to taxation. Depending on the country of origin, there may be additional taxes or treaties that apply to investments made with an E-2 visa. It is important to consult with a qualified tax advisor to ensure that all applicable taxes are being properly paid.

20. What are the risks of investing in the United States on a Treaty Investor Visa?

The main risks of investing in the United States on a Treaty Investor Visa are:
* Market risk: The value of investments may fluctuate in response to economic and political developments, interest rate changes, and other factors.
* Regulatory risk: Changes in regulations or laws could affect the value of investments or limit opportunities for foreign investors.
* Currency risk: Foreign investors may be exposed to fluctuations in foreign exchange rates when investing in the U.S., potentially leading to decreased returns or increased losses.
* Political risk: Political instability or changes in government policy could reduce opportunities for foreign investors or affect the value of their investments.