E-2 Investor Visa

Krewson Law has experience with the E-2 treaty investor visa. Rachel Krewson has helped individuals and businesses secure this visa, which allows investors from certain countries to live and work in the United States. Rachel Krewson will guide you through every step of the process.

If you are a citizen of one of the 30+ treaty countries (a country that the U.S. has a treaty of commerce and navigation with, one with which the U.S. maintains a qualifying international agreement, or one which has been named a qualifying country by legislation). The E-2 nonimmigrant classification allows for your admission into the United States. This is possible provided that said national has a substantial capital investment in a U.S.-based business. Certain employees working under such an individual or organization may also qualify for this classification.

Although the E-2 visa does not provide lawful permanent residency (Green Card), one of its advantages is the ability to extend the visa indefinitely or for as long as the business is running.

Requirements for the E-2 Treaty Investor Visa

To qualify for the E-2 investor visa, the investor must:

Be a citizen in a country with a treaty of commerce and navigation with America;
Have previously invested or is actively investing a substantial amount of money in a bona fide business in the U.S.; and
Is wanting to enter the U.S. solely to develop and invest in the business. The investor must prove they have at least 50% ownership of the company or possess operational control by a managerial position or other corporate means.

An investment is when an individual, company, or organization risks money or assets to make a profit. The invested capital can be lost if the investment itself fails. When applying for a treaty investor visa, you must show that the funds used were not gained—in any way—through criminal activity.

A bona fide enterprise is a legitimate, active, and operating business that produces services or goods for profit. In addition, it must meet legal requirements for doing business within its jurisdiction.

What is Considered ‘Substantial Capital’?

A substantial amount of capital is:

Substantial concerning the entire cost of purchasing the business or establishing a new enterprise;
Enough to know the treaty investor’s financial commitment to the success of the operation;
Sufficient to demonstrate the likelihood of the investor successfully growing and directing the business. The lower the company’s cost, the higher the investment must be to be considered ‘substantial.’

Marginal Enterprises

A marginal enterprise cannot generate current or future income to provide a minimum wage living for the treaty investor and their family. Depending on the circumstances, a new business might not be considered marginal even if it cannot presently generate such income. However, in these cases, the enterprise should have developed enough income within five years from when the treaty investor’s E-2 classification begins.

Requirements for Employees of a Treaty Investor

To qualify for an E-2 Visa, employees of a treaty investor must:

Be of the same nationality as the original E-2 visa employer;
Meet the definition of an ‘employee’ by current employment laws; and
Either engage in the responsibilities of an executive or supervisor or, if playing a lesser role, have special qualifications.

Suppose the primary alien employer isn’t an individual. In that case, it has to be an enterprise or organization that is at least 50% owned by individuals with the treaty country’s nationality. These owners must meet one of either these requirements:

They are already maintaining nonimmigrant treaty investor status
If they aren’t in the United States and seek admission here, they would be classified as nonimmigrant treaty investors.

Executive and supervisory duties imply complete control and responsibility for the company’s operations or a large part of them.

Special qualifications are skills or aptitudes that make the employee’s services crucial to the operation of the treaty enterprise. The following qualities or circumstances, among others, could meet this requirement depending on the facts:

The employee’s amount of experience in their area of operations has been proven;
The employee’s skillset has been proven to be unique;
The wage that those with extra skills can earn; and
Whether the skills and qualifications required for the job are available in the United States.

Simply possessing knowledge of a foreign language or culture is not enough to meet this requirement. It’s important to remember that what might be essential at one time may become commonplace later and no longer be seen as qualifying.

If you have substantial capital and want to invest in a bona fide enterprise, Krewson Law can help you apply for an E-2 treaty investor visa. Rachel Krewson the experience and know-how to guide you through every step and ensure your application is as strong as possible. Contact Krewson Law today for a consultation!