E-2 Investor Visa

E-2 Visa

E-2 Treaty Investor Visa: Allows a national of a “treaty country” – a country with which the U.S. maintains a treaty of commerce and navigation – to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

The U.S. business must be majority owned by nationals of the treaty country (for complete list see below).

Although Brazil and Venezuela, are not treaty countries, many investors qualify for the E-2 visa through dual-nationality with countries like Italy and Spain.

The investment must be substantial in relation to the type and size of the e-2 business often times a minimum of $150,000.

The business must be an enterprise with sufficient profits to support the investor’s family.

E-2 Visa Counties (from the State Department website): http://travel.state.gov/content/visas/en/fees/treaty.html)

All E-2 Visa Countries

Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
Chile
China (Taiwan)
ColombiaCongo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador
Egypt
Estonia
Ethiopia
Finland

France
Georgia
Germany
Grenada
Honduras
Iran
Ireland
Italy
Jamaica
Japan
Jordan
Kazakhstan
Korea (South)
Kosovo
Kyrgyzstan
Latvia
Liberia
Lithuania
Luxembourg
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands

Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Serbia
Senegal
Singapore
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Ukraine
United Kingdom
Yugoslavia

Pros

Theoretically no limitation on the types and sizes of e-2 businesses;
May be extended indefinitely;
Typically used by entrepreneurs starting new ventures in the U.S. when they do not have any affiliated businesses abroad;
May sponsor other essential employers that have same nationality;
Short processing time often less than one month;
Minors under 21 can attend school and spouse can obtain work authorization.

Cons

Lack of uniformity in foreign consulate processing of applications;
Must demonstrate that the business is growing and is profitable over five years to obtain extension;
Requires lump-sum investment amount in the beginning (generally more than $150,000);
No direct path for green card;
Investor may only work for the investment business, which served as the basis for the E-2 visa application.

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