E – 2 Visa
Treaty Investor
What is E-2 visa?
The E-2 visa for Treaty investors is used for the purpose to engage in international investment in U.S. companies. It is authorized under the Immigration and Naturalization Act Section 101(a)(15)(E)(ii).
Who can apply for E-2 visa?
• Individual investors can come te the U.S. and invest in U.S. companies and serve as executives and managers of a U.S. company in supervision of the company.
• Companies in E-2 treaty countries can send their personnel to setup and invest in a U.S. branch company to conduct business in the U.S.
• Companies in E-2 treaty countries can send their managers or specialists to a U.S. branch company to conduct business in the U.S.
• Spouse and children of E-2 visa holders can apply for dependant E-2 visas.
Special Requirements of E-2 visa:
• The nationality of the ownership of the U.S. company must be a E-2 treaty Country. The U.S. State Department provides a list of the Countries that have E-2 treaty with the U.S.
• The E-2 visa applicant has the same nationality of the ownership of the U.S. company.
• The investment amount in the U.S. company must be substantial.
• The E-2 applicant must serve in a position of specified capacity, either managerial or involving essential skills to the business of the E-2 trading company.
How to apply for E-2 visa/status?
• If you are not in the United States at this time, you should use forms DS-156 and DS-156E to apply for E-2 visa at a U.S. Consulate office.
• If you are currently in the United States and in a status other than E-2, your employer should use form I-129 to apply for the E-2 status for you. Your spouse and children should use form I-539 to apply for dependent E-2 status.
• If you are already in the United States and in the E-2 status and wish to extend the period of stay, your employer should use form I-129 to apply for the E-1 extension for you. Your spouse and children should use form I-539 to apply for dependent E-2 status extension.
