What Is The E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa is a non-immigrant visa, which enables foreign investors to enter the US for the purpose of directing the operations of an enterprise in which they have invested (or are actively in the process of investing) a substantial amount of capital in the U.S.
It also allows executive or supervisory employees (or certain non-supervisory “essential employees”) to enter the US, in order to direct the operations of an E-2 company.
For How Long Is The E-2 Visa Granted?
The period of validity of an E-2 visa depends upon the nationality of the E-2 visa holder in question. For a British Citizen, an E-2 visa may be granted for a maximum period of five years, subject to the strength of the application.
Can I Bring My Family With Me To The US?
Yes. Your spouse and any unmarried children under the age of 21 may qualify for derivative, dependent E-2 visas. The derivative dependent E-2 visas will be valid for the same length of time as the principal E-2 visa.
Will My Family Be Able To Work And Study In The US?
Your spouse may work in the US, upon successful application for an Employment Authorization. Alternatively, your spouse may study in the US, without requiring an F-1 Student Visa.
Any unmarried children under the age of 21 may study in the US (for example, at school, college or university) and will not require an F-1 Student Visa to do so. However, an unmarried child under the age of 21 may not work in the US, under any circumstances.
May My Spouse Work For The E-2 Company In The US?
Your spouse may work for the E-2 company in the US, upon successful application for employment authorization. However, spousal employment at the E-2 enterprise ought to be discussed with your attorney before any decision is made.
I Would Like My Unmarried Child Over The Age Of 21 To Join The Rest Of The Family In The US. May I Obtain An E-2 Visa For Them?
Applications for E-2 Employee visas from close family members are generally subject to rigorous scrutiny by the US Embassy. Indeed, there have reportedly been incidents of the US Embassy advising E-2 Employee Visa Applicants to “Tell [your] employer to hire an American”.
If you are in this position or would like to seek advice on this issue, we would advise you to contact us in order to discuss your case with a licensed US immigration attorney.
May I Apply To Renew My E-2 Visa?
Yes. Provided the E-2 company continues to trade, you may apply to renew the E-2 visa an infinite number of times. Any derivative dependent E-2 visas will be renewed for the same period of time as the principal applicant’s E-2 visa provided there has been no material change in circumstances.
I Am An E-2 Visa Holder And I Would Like To Remain In The US In The Long-Term. May I Apply For A Green Card (Lawful Permanent Resident Status)?
The E-2 Treaty Investor Visa does not offer a direct route to a Green Card. However, you may qualify for lawful permanent resident status (a Green Card) through the EB-1 visa, the EB-5 visa or other options, depending on your current circumstances.
If you wish to schedule a complimentary telephone call with a licensed US immigration attorney to discuss your options, please call the telephone number below.
Davies Legal Immigration
At Davies Legal Immigration, we offer advice and representation in connection with all aspects of US business immigration, including E-1 Treaty Trader and E-2 Treaty Investor Visa applications.
Our team comprises Attorneys, an MBA, a Doctor of Business and a Certified Public Accountant, which enables us to offer a “one stop shop” for all of your US business immigration needs, at a transparent fixed fee. Call now for a complimentary telephone call with one of our licensed US immigration attorneys and obtain a free, no obligation quote.
