The E-2 Treaty Investor Visa: A Comprehensive Guide to the Process
The E-2 treaty investor visa is an excellent opportunity for foreign nationals to invest in and manage businesses in the United States. This nonimmigrant visa is specifically designed for individuals from countries that have treaties of commerce and navigation with the U.S. Through this article, we will provide an overview of the E-2 treaty investor visa process and present a step-by-step guide to help you understand the requirements and navigate the application process successfully.
Overview of the E-2 Treaty Investor Visa:
The E-2 treaty investor visa allows individuals to enter and work in the United States based on a substantial investment in a U.S. business. The visa is initially granted for up to five years and can be extended as long as the investment and business operations continue to meet the visa requirements. The key features of the E-2 visa include:
Treaty Eligibility: The applicant must be a citizen of a country that has a qualifying treaty of commerce and navigation with the United States.
Investment Requirement: The applicant must make a substantial investment in a bona fide U.S. enterprise. The investment amount may vary depending on the nature of the business but should be sufficient to ensure the success and viability of the enterprise.
Ownership and Control: The applicant must demonstrate that they have at least 50% ownership of the business and have the ability to develop and direct its operations.
Non-Marginal Investment: The investment should generate significant economic impact, create job opportunities for U.S. workers, and not be considered a marginal investment solely for the investor's income.
Step-by-Step Process for Obtaining an E-2 Treaty Investor Visa:
Step 1: Treaty Eligibility Check:
Ensure that your home country has an active treaty of commerce and navigation with the United States that qualifies for the E-2 visa program.
Step 2: Investment Planning:
Develop a detailed business plan outlining your investment strategy, financial projections, and the impact your investment will have on the U.S. economy.
Step 3: Business Entity Formation:
Establish a U.S.-based business entity, such as a corporation or limited liability company (LLC), that aligns with your investment plans. Ensure compliance with local and state regulations.
Step 4: Investment Fund Preparation:
Transfer the investment funds to a U.S. bank account under the name of the newly formed business entity. Maintain documentation to demonstrate the lawful source of the funds.
Step 5: Form I-129 Preparation or File Directly with your US Consulate Abroad:
If you are already in the USA in valid status, you can change status to an E-2. In that case you complete Form I-129, Petition for a Nonimmigrant Worker, along with supporting documents, including the business plan, investment proof, and proof of treaty eligibility.
Step 6: Submitting the Petition:
If you are outside the US or not able to change status, you submit your petition (less than 100 pages) to your respective consulate.
Step 7: Visa Interview:
Schedule a visa interview at a U.S. embassy or consulate in your home country. Gather the necessary documents, including a valid passport, photographs, and supporting evidence.
Attend the visa interview and provide all required documents. Answer the consular officer's questions regarding your investment, business plans, and intention to return to your home country.
Step 8: Visa Approval and Entry to the U.S.:
If approved, the consular officer will issue the E-2 visa stamp on your passport. You can then travel to the United States and present your visa at the port of entry to gain entry into the country.
Step 9: Maintaining E-2 Status:
Ensure ongoing compliance with the E-2 visa requirements, including maintaining the qualifying investment, actively managing