Features of the E-2 visa for treaty investors
E-2 visa for treaty investors allows nationals of countries that have a treaty of Trade and Commerce with the US to invest in a company based in the US and live here while managing the company. This article shows you everything you need to know about applying for the E-2 visa for treaty investors.
EligibilityBefore you can be considered for an E-2 visa, you need to be a national of a treaty country. These are countries that have a treaty of trade and commerce with the US. You can check here to see if your country qualifies. Generally, you can be considered once you hold a passport of a treaty country.
InvestmentYou must have invested a substantial amount of capital in a US based business. You will have to show that the investment came from a legitimate source and that the investment is not marginal. It must be able to provide more than enough income to support your family.
Length of stayUpon initial approval, your E-2 visa can be valid for up to 5 years, with an option to extend your status. You have an unlimited number of extensions available to you. This means you can stay for as long as your business thrives.
Family membersYour spouse and children under 21 are also eligible to enter into the US as your dependents. Your children can go to school and your wife can also apply to work in the US. They can also continue to extend their status as long as you are eligible to stay in the US.
EmployeesYou can also bring an employee along on your E-2 visa. However, the employee must
- Be a citizen of the same treaty country as you
- Be an employee as defined by the US Legal Code
- Be necessary for the fulfilment of the business
Application processYour application for the E-2 visa must be filed with the US consulate in your home country and it is the consulate that determines whether you qualify or not. The application must be accompanied by the following:
- Form DS-160 confirmation page. One each for you and your dependents
- Form DS-165(E) to be completed by the company you will be working with in the US
- One 2*2 passport photograph for each applicant
- Documents establishing the relationship between you and your accompanying family. For example, marriage and birth certificates
- Proof of nationality. Your passport should suffice
- Tax valuation/market appraisal of the enterprise
- Proof that the funds you are investing came from a legitimate source
- Evidence that you have made the investment.
- Information about the enterprise you are investing in. For instance, business license or a business plan
- Proof of your managerial capacity or proof of ownership of more than 50% of the business.