E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa allows nationals of treaty countries to live and work in the United States by making a significant investment in a U.S. business. This visa is ideal for entrepreneurs and investors looking to start or expand their business operations in the U.S. The E-2 visa is non-immigrant, meaning it does not directly lead to a green card, but it can be renewed indefinitely as long as the business remains viable.

1. Flexible Investment Requirement: Unlike the EB-5 visa, the E-2 does not have a fixed investment amount. The investment must, however, be substantial enough to establish and run a viable U.S. business. The amount can vary depending on the type of business, but generally, it must be sufficient to ensure the business's success.

• Renewable Visa: The E-2 visa can be renewed as long as the business is operational and profitable. This offers long-term flexibility for investors and their families.

1. Family Benefits: Spouses of E-2 visa holders can apply for work authorization, and children under 21 can attend school in the U.S. However, children cannot work and must leave or adjust their status when they turn 21.
2. No Job Offer Needed: Unlike employment-based visas like the H-1B or EB-3, the E-2 visa does not require a job offer. The investor controls their own business, providing greater autonomy.

• Nationality: The applicant must be a national of a treaty country—a country that maintains a commerce and navigation treaty with the U.S.
• Investment: The investor must make a substantial investment in a U.S.-based enterprise. The investment must be at risk (meaning there’s a possibility of loss), and it must be sufficient to ensure the operation of the business.
• Business Ownership: The investor must have at least 50% ownership or operational control of the business.
• Job Creation: While there is no specific requirement for a set number of jobs created (unlike the EB-5), the business must generate enough income to support the investor and their family and should have the potential for growth.
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To qualify for the E-2 visa, you must be a national of a treaty country. Here are some of the key countries included:

• Europe: Bulgaria, Poland, Romania, Serbia, Germany, Italy, France, Spain, Sweden, Netherlands, Turkey, United Kingdom.
• Asia: Japan, South Korea, Pakistan, Taiwan, Thailand, Kazakhstan.
• Latin America & Caribbean: Mexico, Argentina, Chile, Colombia, Jamaica, Panama.
• Africa: Egypt, Ethiopia, Liberia, Morocco.
• Oceania: Australia, New Zealand.

A full list of treaty countries is available on the U.S. Department of State’s website.

1. Submit Your Application: The E-2 visa application is submitted through a U.S. Embassy or Consulate in your home country or where you legally reside.
2. Provide Evidence: You’ll need to provide documentation proving the nationality of the investor, details of the business, investment proof, and plans for operations. A business plan showing projected income and job creation is often required.
3. Interview: After submitting the application, the investor and key employees may need to attend an interview at the U.S. Consulate or Embassy.
4. Processing Time: E-2 visa processing times vary depending on the consulate, but typically range from a few weeks to a few months.

• No Direct Path to Citizenship: The E-2 visa is a non-immigrant visa, which means it doesn’t directly lead to a green card or U.S. citizenship. However, E-2 visa holders can explore other immigration options (like the EB-5 or family-based petitions) if they wish to transition to permanent residency.
• Investment at Risk: The investment must be placed "at risk," meaning there is a possibility of financial loss if the business does not succeed.
• Marginal Enterprises: The U.S. government requires that the business not be "marginal," meaning it must generate enough income to support the investor and their family and have the potential to employ U.S. workers in the future.

In conclusion, the E-2 Treaty Investor Visa is a powerful option for nationals of treaty countries who want to invest in and live in the United States. It offers flexibility, renewable residency, and opportunities for families to relocate to the U.S. The E-2 is especially attractive to entrepreneurs and investors from countries like Bulgaria, Poland, and Germany, allowing them to leverage their business skills and capital to build a future in the U.S.