E-2 Treaty Investor Visa

The E-2 visa is a US visa created for foreign investors who inject funds or other forms of investment into the United States. This visa is designed to permit foreign investors to live and work in the United States while also contributing to the country’s economy by creating jobs and investing money. The E-2 visa criteria include specific definitions to qualify for this visa, which include investment, substantial amount of capital, and bona fide enterprise.

To be eligible for the E-2 visa, you must be a national of the country with a treaty with the United States and invest or be in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S. You must also be seeking to enter the U.S. to develop an investment enterprise by obtaining at least 50% ownership of the investment enterprise. Furthermore, the investment enterprise should not be marginal and has the present or future capacity to generate more than enough income to cover a minimal living for the treaty investor and his/her family.

The application process for an E-visa varies depending on where you are located. If you are located in the United States, you can change your status to an E-2 non-immigrant status using a Petition for Nonimmigrant Worker (Form I-129), which is filed with USCIS. If you are outside the United States, you must go through the consulate application process by using Form DS-160 and Form DS-156E, which are filed with the U.S. Department of State, and schedule the visa appointment with a U.S. Embassy or

Consulate abroad. The validity period for E-1 and E-2 visa holders will depend on the foreign national’s country of nationality.

E-1 and E-2 visa holders may be accompanied or followed by their spouses and unmarried children who are under 21 years of age. E-1 and E-2 spouses may obtain work authorization in the United States. E-1 and E-2 unmarried minor children may live and attend schools in the United States but cannot work.