The E-2 non-immigrant classification is for citizens of countries that maintain treaties of commerce and navigation with the U.S. when investing a substantial amount of capital in a U.S. business. This visa requires a substantial investment in a real operating enterprise and the funds must be under the sole control of the investor. The investor must be in U.S. to develop and direct the enterprise. The investment must create employment beyond the investor and their family. Certain dependents of the principal applicant may be eligible for the classification as well.
Qualified investors and employees get a maximum initial stay of two years. Requests for extensions may be granted in increments of up to two years each. There is no limit to the number of extensions, however non-immigrant intent must be maintained.
To Qualify as a Treaty Investor:
- You must be a national of a country with which the US maintains a treaty of commerce and navigation
- Investment must be at risk and more than marginal
- Invest substantial capital in bona fide enterprise
- Must be seeking to direct and manage the enterprise
To Qualify as the Employee of Treat Investor you must:
- Be the same nationality as principal applicant
- Must meet definition of employee as per relevant law
- Be engaged in duties of executive or supervisory in nature, though some exceptions apply.