How to Get an E-2 Visa for Treaty Investors
What is the Minimum Amount That Must Be Invested?There is no minimum amount, but generally speaking, $150,000 invested in the US is considered enough, when changing from other visas to an E2 visa within the border of US. However, individual situations would vary the outcome. An investor must "contribute" to the US economy. (Setting up a small shop alone is not enough).
Who is Authorized to Apply for an E-2 Visa?The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.
How Do You Apply for a Change of Status?Upon conclusion of the business, investors must return to their countries of origin, or change their status.
If the alien is inside the U.S., the I-129 should be used to apply for a change of status, extension of stay, or change of employment. This category does not require a petition for employment if the alien is outside of the U.S. In that case, the alien applies for this category on his or her own behalf directly to a U.S. consular office abroad.
What Investments are Allowed?The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.
What Documents are Required to be Filed with the Application?* Fee payment & evidence that:
* Investor is a national of a country with whom the US has the requisite treaty/agreement;
* Alien will direct/develop the enterprise, & controls the enterprise (via ownership of at least 50% of the enterprise, possession of operational control through a managerial position/other corporate device/by other means);
* Investor has invested in/is actively investing in the enterprise;
* Investment is substantial, (sufficient to ensure the investor's financial commitment to the successful operation of the enterprise, & to support the likelihood investor will successfully direct and develop the enterprise);
* Investment enterprise is not marginal;
* If not the principal investor, must be employed in an executive/supervisory capacity, or possess skills highly specialized & essential to the operation of the commercial enterprise. Ordinary skilled/unskilled workers don't qualify;
* Applicant intends to depart U.S. upon expiration of E-2 status.