The E-2 Investor Visa | What You Should Know

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One of the continued appeals of the United States is the opportunities it presents to citizens and foreign nationals alike. Here, fortunes are won or lost on a daily basis. If you are looking to invest in a U.S. company, please read on, then contact a lawyer experienced with work visas to learn more about the E-2 Investor Visa process and how our firm can assist you.

What is the E-2 Investor Visa?

The E-2 treaty investor visa is a nonimmigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States to develop and direct an enterprise that they have invested in. It also allows for executive/supervisory and essential employees of a company owned by a treaty national to come to the United States to fulfill their duties.

Who qualifies for the E-2 Investor Visa?

The following are some requirements that must be met:

  • The existence of a treaty between the United States and the foreign country
  • The majority owner of the business must possess the nationality of the treaty country
  • The potential E-2 applicant must be:
    • Coming to develop and direct the business, if they own a majority stake in the business
    • Serving the business in a capacity that is supervisory or executive in nature, or
    • Working in a position that involves skills essential to the operation of the business
  • Nationals of the treaty country must own a majority stake in the United States company they intend to invest in or work for
  • Investments made with the company must be “at risk,” i.e. there is the possibility that investors will lose their investments
  • The applicant’s investment is “substantial”
  • The funds to be invested are in the investor’s possession and control
  • The United States company is real and operating
  • The potential applicant must intend to depart at the conclusion of his/her duties in the United States

If the applicant obtains an E-2 Investor Visa, he or she will have the ability to work legally in the company that is the investment vehicle in the United States, travel freely in and out of the United States, stay on a prolonged basis with two-year extensions, bring dependents or accompanying relatives and have his or her spouse also work while in the U.S.

Since you have a lot of money at stake, it is crucial that you reach out to an attorney skilled in employment immigration law. He or she will explain what evidence you will need to present and where to present it.

Contact our experienced firm

The award-winning Lightman Law Firm, founded by Douglas Lightman, has extensive experience in immigration law and international matters through both work and personal experience. With offices in Fairfax, VA, New York, New York and Jersey City, NJ, our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Lightman Law Firm and schedule your initial consultation today.