E-2 Treaty Investors

As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise. USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial. There is no exact investment amount required as this is determined on a case by case basis, but it is generally thought that a minimum $100,000 investment is recommended to enhance your chances of approval.

General Qualifications of a Treaty Investor

• 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.

Limitations
The E-2 Visa is a temporary work Visa that does not transition to a permanent resident green card although you can request extensions in increments of up to two years and there is no maximum limit to the number of extensions an E-2 non-immigrant may be granted as long as the business is operational and profitable. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. E-2 Visa holders are only authorized to work for the business that their Visa is approved for.