The E-2 visa is available to a national of a country that has a Treaty of Friendship, Commerce and Navigation, or Bilateral Investment, among others, with the United States. The treaty investor – an individual or an entity – must establish that it has invested or is in the process of investing a “substantial”, irrevocable amount of capital it possesses and controls in a lawful new business in the United States that has started operations or is close to commencing operations. Nationals of the foreign country must have at least fifty-percent ownership stake in the business and, as a result of such ownership or managerial control, must develop and direct the activities of the business.
Eligibility for this visa type includes:
- The existence of a qualifying treaty
- The individual or the entity must share the nationality of the treaty country
- A substantial investment
- A bona fide U.S. business
- Intent to depart the U.S. upon expiration of E-2 status
The spouse and dependent children under age 21 will be also admitted into the U.S. under the same visa category as the treaty investor.
We are also able to provide you with advice relative to establishing a new business and draft the required documents.