E2 Visas|Treaty Investor Visa

E2 Visa Requirements

Those who wish to emigrate to and invest in the United States need to meet a few requirements, such as:

  • The investment you have made or have committed to make must be “substantial.”  Whether an  investment is substantial depends on the relationship to the overall cost of the enterprise, or an amount that will help ensure the success of the company.
  • As the investor, you must develop and/or direct the investment of a specific business that you maintain a minimum of 50% ownership of.  There is one exception: if you maintain control of the company through a managerial position of some type, that will also suffice.

E2 visas are available to nationals of qualifying treaty countries who

  1. Demonstrate they need to be in the US because of how much they invest in the US.
  2. Actively manage their investment of more than USD 100,000 or, the absolute minimum of USD 40,000, which must be strongly supported. The specific amount will ultimately be approved by a member of Immigration Services, therefore, it is important to have your supporting evidence well documented.
  3. Invest in an operating business where their investment is put at risk.
  4. Made a substantial portion of their investment before applying for E-2 status.

What is an advantage of the E2 visa?

As long as the immigrant investor is able to demonstrate that they are able to meet the minimum investment and demonstrate that a substantial investment is made they are able to qualify for a visa.

What is a disadvantage of the E2 visa?

Unlike the EB-5 investor who chooses the regional center option, the investor must actively manage the investment. Like the E-1 visa, the E-2 visa does not lead to permanent residence; however, also like the E-1 visa, the E-2 can be renewed indefinitely so long as the requirements continue to be met.

Even though fewer immigrants apply for this visa, there are far more of these available every year.  To those who have the means to invest, it is a worthwhile option.  If you aren’t sure whether this visa is right for you, consult with Christine Swenson, our immigration attorney, to discuss your particular situation, explore your options and get one step closer to fulfilling your dreams.  Contact us today at 720.414.2027.


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