What Is The E-2 Treaty Investor Visa?

The E-2 Treaty Investor visa is a non-immigrant visa which enables 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.


How Do I Qualify For An E-2 Treaty Investor Visa?

In order to qualify for an E-2 Treaty Investor visa, the applicant must satisfy a series of stringent requirements including, inter alia, investment of “a substantial amount of capital” in the United States, evidence the investment places lawfully acquired, owned, and controlled capital at commercial risk (with risk of loss if the investment fails) and evidence that the proposed E-2 enterprise is not or will not be a marginal enterprise.

The qualifying criteria for the E-2 Treaty Investor visa category is comprehensive and complex and therefore we would advise anyone contemplating an E-2 Treaty Investor visa application to contact one of our licensed US immigration attorneys for a complimentary assessment of eligibility.


How Much Do I Need To Invest?

The level of investment required in order to successfully obtain an E-2 Treaty Investor visa will depend upon the nature of the business and upon external factors. Clients often read comments on online forums and conclude a certain level of investment is sufficient however it must always be born in mind that different embassies and consulates apply different standards and filing through the USCIS by change of status is an entirely different process with different levels of investment being acceptable.

If you are contemplating investment in a proposed E-2 enterprise, we would advise you to contact us at the outset – prior to committing investment funds – in order to ensure your proposed business investment is capable of achieving E-2 status.


What Constitutes A Qualifying Investment?

There are a large number of necessary items of expenditure which will constitute “qualifying investments” for the purpose of making an E-2 visa application.

With careful planning and a strategic approach, investment funds can be invested in such a way as to minimize the risk to the investor and be deployed to maximum utility, in order to ensure you present the strongest case possible and maximize your prospects of success. Qualifying items must be for the benefit of the business or sufficiently associated to the business.

If you require advice on what constitutes a “qualifying investment” for the purpose of an E-2 visa application, we would recommend that you contact our team of licensed US immigration attorneys for advice.


Can I Invest In An E-2 Enterprise By Keeping Funds In The US Business Account?

Under some circumstances with careful strategy and explanation, it may be possible for some investment funds retained in a US business account to count towards the overall E-2 investment figure.

If you wish to adopt this approach, please call us to discuss the options available to you and the limitations associated with taking this approach.


If My E-2 Treaty Investor Visa Application Is Granted, For How Long Will The Visa Be Issued?

E-2 Treaty Investor visas may be issued to British citizens for maximum of 5 years, subject to the strength of the application.  Other E-2 countries that have a maximum duration of 5 years include: Ireland, France, Germany, Austria, Belgium, Denmark, South Korea and Japan; Australia has a maximum issuance period of 4 years and some countries have a maximum issuance period as low as 3 months, as is the case for the Islamic Republic of Iran.


If My E-2 Treaty Investor Visa Application Is Successful, Can I Obtain Visas For My Spouse And Children?

If your application for an E-2 Treaty Investor visa is successful, your spouse and any unmarried children under the age of 21 may also obtain E-2 visas (subject to their admissibility to the US).

Your spouse will be able to work in the US, upon making a successful application for Employment Authorization after entry to the US on the E-2 visa. In addition your spouse may study in the US, without requiring an F-1 Student Visa.

Your unmarried children under the age of 21 can study in the US, without requiring an F-1 Student Visa.


Davies Legal Immigration

At Davies Legal Immigration, we have represented a variety of E-2 Treaty Investor visa applicants, from modest start-ups to SMEs, across a breadth of industries. Our team of attorneys, MBAs and CPA provides a “one stop shop” for all of your US business immigration needs, ensuring your application is drafted efficiently and with precision. We offer a competitive, fixed fee service and undertake to keep you informed. Call now for a complimentary telephone call with a licensed US immigration attorney and receive a complimentary assessment of eligibility.

Published: 28th January 2018