LEGAL GUIDE
Written by attorney Yael Brudner | Aug 7, 2019

E2 Visa: The Requirements

The E-2 visa is a nonimmigrant (temporary) visa that allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

In general, to qualify for Treaty Investor (E-2) visa, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device. If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. How long will an E-2 Visa be valid for?

Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each and there is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

Can my family receive an E2 visa as well?

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. Spouses of E-2 workers may apply for work authorization when they arrive to the U.S., and there is no specific restriction as to where the E-2 spouse may work.

The E-2 visa is a great opportunity for Israeli investors and entrepreneurs. Contact us today for more information on the E-2 visa application process.

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