Becoming A Treaty Investor With The E-2 Visa
The E-2 Visa allows a national of a treaty country, known as “Treaty Investor,” to enter the United States post investment of a substantial amount of capital in a U.S. business. Eligibility for the E-2 status including, certain employees of a Treaty Investor.
What is the E-2 Treaty Investor Visa?The E-2 Visa allows a national of a treaty country, known as “Treaty Investor,” to enter the United States post investment of a substantial amount of capital in a U.S. business. Eligibility for the E-2 status including, certain employees of a Treaty Investor. Read on to learn more details about this invaluable business visa.
Qualifications of a Treaty Investor- Be a national of a country with which the United States upholds a treaty of navigation and commerce.
- Have invested, or in the process of investing, a substantial amount of money in a business in the United States.
- Seeking to enter the United States with the sole purpose of developing and directing the operations of the E-2 business.
Qualifications of the Employee of a Treaty InvestorTo qualify for an E-2 Visa as an employee of a Treaty Investor, the employee must:
- Be a national of the Treaty Investor’s treaty country.
- Meet the definition of “employee” under the U.S. Law.
- Engaging in duties of a supervisory or executive position or have special skills and/or knowledge that are crucial to the successful operations of the business.
Period of StayA qualified Treaty Investor or employee can stay in the United States for an initial period of two years. Additionally, Treaty Investors, can request extensions in increments of up to two years and there is no limit on the number of E-2 Visa extensions a Treaty Investor may be granted. All E-2 holders, however, must state and to have every intention to leave the United States upon expiration of the E-2 visa.
Terms and Conditions of the E-2 StatusA Treaty Investor (or employee) may work only in the business the E-2 Visa was approved. Yet, under certain conditions, an E-2 employee may work for a parent company or one of the main subsidiaries of the E-2 Business.
The Family of an E-2 Visa HolderA Treaty Investor (or employee) may be accompanied by his or her spouse and unmarried children under the age of 21. However, under the E-2 status, their nationalities need not be the same as the E-2 Visa holder. These family members may apply for E-2 non-immigrant dependent Visas. Approved family members will normally be granted the same period of stay as the principal E-2 Visa holder.
Before Applying for the E-2 VisaSince the U.S. immigration law requires the invested funds to be at risk, the Treaty Investor must have already committed the funds to the E-2 business before filing the E-2 Visa application. Although a reasonable amount of capital may be considered for the E-2 Visa application when placed in a business account, the rest of the E-2 investment should be made by the time the applicant files the E-2 visa application.
The applicant may invest capital into either a new business or an existing one in the United States as long as he or she maintains control of the company and the business has physical premises and is actively engaged in commercial activities.
Hiring an E-2 Visa AttorneyApplying for an E-2 Visa is a multipart process. The help of an experienced Immigration Attorney is crucial to avoid costly delays, or worse, denials.
At Jurado & Farshchian, P.L., our attorneys can aid you every step of the E-2 Visa application process. Our attorneys can help creating a new E-2 company, designing an immigration business plan, and ensure that every single one of the required documents is properly filed in the application, and much more.
Choose the Miami E-2 Visa Attorneys at Jurado & FarshchianAt Jurado & Farshchian, P.L., our immigration law experts deliver business-focused immigration services for individuals and businesses all over the world. As a matter of fact, our team of experienced E-2 Visa Attorneys can help you tackle your application efficiently and ensure your specific needs are met.