The E-2 Treaty Investor Visa (Blog Post)

The E-2 Treaty Investor Visa


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The E-2 Treaty Investor Visa
Looking to start a business venture in the U.S.? The E-2 Visa may be right for you.

Posted by Mark Ople on 2022-06-07
If you’re an entrepreneur or business owner interested in moving to the United States to grow an investment project, the E-2 Treaty Investor visa is likely the perfect vehicle to pursue your dream. We have assisted business owners in all industries, including restauranteurs, consulting companies and retail establishment, in establishing their projects in the U.S. while also providing lawful immigration status for them and their families.

The E-2 Treaty Investor visa allows nationals from countries which have trade treaties in effect with the U.S. to enter the U.S. for the purpose of developing a business. No USCIS approval is required for these visas. Change of status from another nonimmigrant visa category is available through the USCIS, but E visas are most frequently adjudicated directly by the U.S. consulate in the foreign national’s home country.

A substantial investment (generally over $100,000) is required. But it’s important to know that the determination of whether or not any particular investment qualifies as a “substantial investment” will be determined relative to the size and type of industry, as well as the size and type of business organization. Factors such as creation of U.S. jobs and the potential for future growth are considered in adjudicating these visas. The E-2 visa is available to the principal investor as well as to essential employees.

There is no numerical cap on the years for which this visa is valid. Thus, it is possible to remain in Treaty Investor status for many years. The treaty investor must always be prepared to establish to the consular officer that he intends to return abroad upon completion of his venture. He or she will have E visa status cancelled if he or she is unable to establish such intent.

Requirements:

  • Business Plan outlining future investment scheme
  • Substantial investment in the U.S. leading to the creation of U.S. jobs


The following is a list of information and documentation required for the preparation and processing of the E-2 Visa:

  • Current number of U.S. employees and contractors, and their projected positions
  • Proof of funds invested to date (e.g., copies of checks, transfers)
  • Proof of bank account opened for U.S. company
  • Occupational licenses and other related permits
  • Tax ID numbers and income tax forms
  • Contracts/receipts from vendors
  • Contracts/receipts from vendors
  • Contracts/receipts from vendors
  • I-9’s, W-2’s, and copies of checks issued for wages and salaries for employees
  • Copies of share certificates showing ownership of U.S. and Foreign companies
  • Complete copies of articles of incorporation for U.S. and Foreign companies
  • Copy of passport (biographic pages and all visa stamps) and I-94 card
  • Social Security Number
  • Photographs of Foreign Corporation and employees
  • Substantial investment in the U.S. leading to the creation of U.S. jobs
  • Business plan outlining future investment scheme


Our office specializes in providing clients with all support needed to generate these documents including incorporation, licenses and business plan. If you are interested in moving to the U.S. to pursue a business dream, please contact our office for a consultation.

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