E-2 Visa (Treaty Investor)
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The E-2 visa is a special non-immigrant visa available to nationals of treaty countries entering the United States to do the following:
- Develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital;
- Invest substantially in an already-established US enterprise;
- Develop and direct investments from the treaty country.
The E-2 visa qualifying investment should create job opportunities for US workers. Whilst some US embassies and consulates may require these US workers to have been hired at the time of application, other posts, such as the Embassy of the United States in London, will accept reasonably achievable projections of jobs that will be created in the future in the case of start-ups or expansions of already-successful foreign businesses.
There is no specific dollar amount that must be invested to meet the substantial amount requirement, but the investment must meet one of two tests:
- The E-2 visa qualifying investment amount must represent a significant proportion of the total value of the existing business enterprise; or
- The E-2 visa qualifying investment amount must be sufficient to establish a profitable and viable business of the type contemplated.
Family members (spouses and unmarried children under 21) of the principal Treaty Investor E-2 visa holder may obtain derivative status that allows them to live, work and attend school in the US.
Treaty Investor E-2 visas are generally issued for five years at the US consular post in London for UK nationals, although some consulates issue E-2 visas for as little as 6 months, depending on the country of ones nationality, according to the Reciprocity Table. Extensions are generally unlimited as long as the investment continues, and are often reissued for five additional years at a time in London, or, again, according to ones nationality and the Reciprocity Table.
Applicants in the E-2 visa category must have extensive documentation detailing the business plan, the amount of the investment, the nature of the capital, and calculation of jobs to be created. A successful E-2 visa application will also demonstrate how the proposed enterprise will benefit the United States.
Upgrading from E-2 to Permanent Residency
In the very specific case where an E-2 visa is the result of the expansion of a foreign business to the United States, qualifying E-2 managers and executives are eligible to apply for EB1C permanent residence after US entity has been trading for one full year – as long as both the US and foreign companies remain fully staffed and continue to trade in earnest throughout the process.
Legal Services available for the Investor seeking E-2 Visa Status
In addition to representing international investors and expansionists before the US government, Ortega-Medina & Associates is available as applicable to review the financials of a target company for E2 visa purposes, examine escrow documentation to ensure compliance with the relevant E2 regulations, form a US-based entity for E2 registration purposes, obtain a Federal Employer ID number, offer guidance in locating a temporary or permanent business address for the company (including telephone and fax number), and offer feedback regarding local business licenses.
Ortega-Medina & Associates has over twenty years experience dealing with similar business visa cases. We have experienced success in many cases that were considered hopeless by other law firms. If we decide to take on a case, it is because we feel it stands a good chance of succeeding. If your E-2 visa is denied, for any reason other than a determination that you are inadmissible for reasons of criminality or fraud, we will appeal the denial at no additional cost to you and/or attempt to reprocess your case in an alternative visa category. Please contact us so that we can help you determine whether you are an appropriate candidate for the E-2 visa category.
