E-2 Visa for Investors: Do You Qualify?
Can’t qualify for the extraordinary ability requirement of an O-1 visa?
Is your occupation not a specialty occupation as required by the H-1B visa?
Then an E-2 visa might be the perfect option for you if you’re a business-oriented person.
What is an E-2 visa?
An E-2 treaty investor visa is a non-immigrant visa that allows a national of a treaty country to enter and work in the United States when they invest a substantial amount of capital in a U.S. business. This investment may be for the purpose of establishing a new business venture or purchasing a pre-existing business. Certain employees of such a person or of a qualifying organization may also be eligible for an E-2 visa.
How to qualify?
To qualify for E-2 classification, the treaty investor must meet the following requirements:
The investor must be a national of a treaty country.
The investor must have invested, or be actively in the process of investing, a substantial amount of capital in a real operating enterprise which produces services or goods for profit.
The investor must be coming to the United States solely to develop and direct the enterprise. The investor must demonstrate at least 50% ownership of the enterprise, or possession of operational control through a managerial position or other corporate device.
The investment enterprise must not be marginal. The enterprise must generate more than enough income to provide a living for the investor and their family, or it must have a significant economic impact in the U.S.
To qualify for E-2 classification, the employee of a treaty investor must:
Be the same nationality as the principal alien employer who must maintain the nationality of the treaty country
Meet the definition of “employee” under relevant law
Either be an executive or supervisor, or have specialized knowledge and skills that make the employee’s services essential to the efficient operation or development of the business.
How long can I stay under an E-2?
Qualified treaty investors and employees will be allowed a maximum initial stay of two or five years. Requests for extension of stay may be granted in increments of up to two years each.
The good thing is….There is no maximum limit to the number of extensions!
Need more details or assistance in applying?
The professional team at Geng & Associates, P.C., with many years of experience in immigration services, would be happy to assist you.