E-2 Treaty Investor Visa
E2 visa attorney Las Vegas
E-2 Treaty Investor Visas are for foreign nationals coming to the United States to direct and develop the operations of United States business in which they have invested, or are actively in the process of investing a substantial amount of capital. Employees of a treaty investor with the same nationality may also qualify for E-2 status.
Who may file for change of status to E-2 Classification
If the treaty investor is now in the United States in a lawful non-immigrant status, he or she may file Form I-129 to ask for a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful non-immigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.
How to obtain E-2 Classification if Outside the United States
A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 non-immigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 non-immigrant.
E-2 Treaty Investor Visa Requirements
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation. A complete list of E-2 treaty countries can be found here (https://travel.state.gov/content/visas/english/fees/treaty.html)
- 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.
A substantial amount of capital is:
• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
• Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise.
• Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
Who typically uses the E2 Investor Visa?
- People who want to purchase a franchise or small business in the USA
- People who want to retire in America.
- Real estate investors who will actively manage their properties
An E2 visa basically allows you to buy entry into the USA without actually “immigrating.” The E2 visa is typically issued for two or five year periods.
The E2 can be renewed indefinitely as long as the investor is running the business and it generates “more than enough revenue” to support the investor’s family. The E2 visa also covers the investor’s spouse and children under age 21. The E-2 petitions are very document intensive and the regulations governing them are complex. You must demonstrate to the Department of Homeland Security or a Consular officer that you are eligible for E-2 status.
We at Goodin Law will help you answer all your questions regarding e-2 treaty investor visas and green cards through employment. For further information please visit the following link:e-2 treaty investor visas.
To make an appointment to discuss your eligibility with Las Vegas immigration lawyer Gary Goodinplease call (702) 423-2721.