E-2 Visa

OVERVIEW

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as 'treaty investors'. A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation. An individual wishing to apply for E-2 status should be coming to the U.S. to partake in a substantial investment. The investment into a business by an individual seeking E-2 status may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, the individual may wish to petition for permanent immigration status via EB-5. An individual's spouse and/or their children under the age of 21 may accompany the individual who acquires E-2 status. In addition, the employees of an individual in E-2 status may also be eligible for an E-2 Visa.

STEPS

An individual may apply for an E-2 visa at the U.S. Consulate, Consular Office or U.S. Embassy having jurisdiction over their permanent residence.

DOCUMENTS

To apply for an E-2 Visa, an individual must supply the following documents:

  1. A completed visa application Form DS-156.
  2. One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
  3. A passport, valid for travel to the United States for at least six months.
  4. Documents that establish that the applicant's company is owned by foreign nationals.
  5. A letter from the applicant's employer detailing the applicant's position in the company, explaining their specialized skills and the importance of their job position.
  6. Evidence that trade is substantial and it is anticipated that there will be a continuous flow of trade between the U.S. and the applicant's home country.
  7. Evidence of non-immigrant intent (i.e. that the applicant intends to leave the U.S. upon the expiration of the E-2 Visa).
  8. Evidence that the applicant has invested a 'substantial' amount in an active business.
  9. Information detailing what type of investment the applicant is involved in and the future prospects for the investment.
  10. Additional documents and Visa Application Fees as determined by the U.S. Consulate or Embassy abroad.

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