E-2 Visa

E2 Visas are treaty investor visas granted by the U.S. government to investors from a treaty country (a country that the U.S. maintains a treaty of trade and commerce with) to enter the U.S. Before being granted the E2 visa, the investor must provide a proof of readiness to invest a substantial amount of capital in a U.S. company or business. Similarly, the employees of a qualifying investing company or investors are also qualified for E2 Visa.

Requirements for E2 Visa

An interested investor that wishes to apply for E2 Visa must meet the following criteria.

1. Must be a citizen of a country that the United States maintains a treaty of trade and navigation.

2. Must either have invested or in the active process of investing substantial capital in business in the United States.

3. Must be applying to come to the U.S. for the development and direction of the investment company.

How to Apply for E2 Visa

  • If the investor is already in the United States lawfully with nonimmigrant status, such must file Form I-129 for a status change to E2 classification.
  • If the employee currently resides in the U.S, the employer is allowed to file Form I-129 on the employee’s behalf.

Some conditions to be Met by the Investor

The investor must meet specific requirements in addition to being a citizen of a country that the United States maintains a Treaty of Trade and Navigation. The treaty investor is required to provide proof of an investment in a bona fide business. Some of the evidence to submit include:

  • Notice provided by the IRS for the assignment if Employer Identification Number
  • Tax returns
  • Payroll summaries
  • Financial Statements
  • Bank statements
  • Organizational chart
  • Escrow documents
  • Lease agreement

Other Important Requirements

  • The investment by the investors must not be less than $100,000.
  • The funds must be totally under the control of the investor
  • The investment must be a real, genuine operating business.
  • The investor’s coming to the U.S. must be to develop and direct the enterprise.

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