Services List
- E-1 Visa
- E-2 Visa
- E-3 Visa
- EB-1 Visa
- EB-2 Visa
- EB-3 Visa
- EB-4 Visa
- EB-5 Visa
- F-1 Visa
- H-1B Visa
- K-1 Visa
- J-1 Visa
- L-1A Visa
- L-1B Visa
- M-1 Visa
- O-1 Visa
- P Visa
- R-1 Visa
- TN Visa
- Asylum & Deportation
- Citizenship by Investment
- Employer Sponsored Green Card
- Green Card Renewal
- Green Card Through Marriage
- National Interest Waiver
- Naturalization
- Perm. Labor Certification
- Reentry Permit
- Refugee Travel Document
Related Downloads
The E-2 Treaty Investor Visa is a type of nonimmigrant visa that allows individuals from certain countries to come to the United States to invest in a business. In order to qualify for an E-2 Visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States and must be coming to the United States to develop and direct the operations of a business in which they have invested, or are in the process of investing, a substantial amount of capital.
The E-2 Visa is generally granted for a period of up to five years and can be renewed indefinitely, as long as the holder is still in compliance with the terms of the visa and the underlying treaty. The E-2 Visa allows the holder to live and work in the United States, as well as travel in and out of the country. Dependents (spouse and children) of an E-2 Visa holder are also eligible to come to the United States, although they are not allowed to work.
To apply for an E-2 Visa, the applicant must first establish that they meet the eligibility requirements and then file a petition with the United States Citizenship and Immigration Services (USCIS). The petition must be accompanied by evidence of the applicant’s nationality, the existence and nature of the business, and the applicant’s ownership or control of the business.
Carribean Basin Initiative (CBI): The Caribbean Basin Initiative (CBI) is a program that was launched in 1983 by the United States to promote economic development and cooperation among the Caribbean countries. The program provides certain trade preferences and economic aid to eligible countries in the Caribbean region, with the aim of promoting job creation and economic growth. The CBI program includes several components, including trade preferences, technical assistance, and investment incentives, and it has been expanded over the years to include other countries in Central America and South America. The E-2 visa program is available to citizens of certain CBI countries, allowing them to invest and work in the United States under certain conditions.
Requirements of E2 Treaty Investor Visas
To be eligible for an E-2 Treaty Investor Visa, the applicant must meet the following requirements:
Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation with the United States. A list of eligible countries can be found on the U.S. Department of State’s website.
Investment: The applicant must be coming to the United States to develop and direct the operations of a business in which they have invested, or are in the process of investing, a substantial amount of capital. The amount of capital required for an E-2 Visa depends on the type of business, but it must be sufficient to ensure the successful operation of the business.
Business ownership: The applicant must own at least 50% of the business or have operational control through a managerial position or other corporate arrangement.
Intent to depart: The applicant must have the intention to depart the United States when their E-2 Visa status expires.
In addition to these requirements, the applicant must also demonstrate that the business is a real and active commercial enterprise and that the investment is at risk in the commercial sense. The applicant must also demonstrate that they have the necessary skills and experience to develop and direct the business.
Benefits of E2 Treaty Investor Visas
There are several benefits to obtaining an E-2 Treaty Investor Visa, including:
The ability to live and work in the United States: The E-2 Visa allows the holder to live and work in the United States, as well as travel in and out of the country. This can be attractive to individuals who want to start or manage a business in the United States or who want to live and work in the country for an extended period of time.
Flexibility: The E-2 Visa is generally granted for a period of up to five years and can be renewed indefinitely, as long as the holder is still in compliance with the terms of the visa and the underlying treaty. This can provide a high degree of flexibility to the holder, who can stay in the United States for as long as the business is operational and their visa is valid.
Dependents: Dependents (spouse and children) of an E-2 Visa holder are also eligible to come to the United States, although they are not allowed to work. This can be beneficial for families who want to relocate to the United States together.
Path to permanent residency: While the E-2 Visa is a nonimmigrant visa, it can provide a path to permanent residency (a green card) for the holder and their dependents. The holder may be able to apply for a green card through the EB-5 Immigrant Investor Program, which allows individuals who have invested in a business that creates at least 10 full-time jobs to apply for a green card.
Types of Investments for E2 Treaty Investor Visas
An E-2 treaty investor visa is a type of nonimmigrant visa that allows a foreign national to enter the United States to develop and direct a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. In order to qualify for an E-2 visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States, and the business must be a bona fide enterprise that is engaged in substantial trade or investment.
There are a wide variety of types of investments that can qualify for an E-2 treaty investor visa, including:
Starting a new business: This could involve developing a new product or service, or purchasing an existing business and expanding it.
Investing in an existing business: This could involve purchasing a minority or majority stake in an existing business, or providing capital for expansion or modernization.
Real estate investments: This could involve purchasing commercial or residential property for development or investment purposes.
Stock purchases: This could involve purchasing stocks or shares in a publicly traded company.
Bond purchases: This could involve purchasing corporate or government bonds as a means of investment.
Partnership or joint venture: This could involve forming a partnership or joint venture with another company or individual in order to invest in a business or project together.
It’s important to note that the investment must be substantial and must be at risk in order to qualify for an E-2 visa. The amount of capital required will depend on the specific circumstances of the investment, but it must be sufficient to ensure the successful development and operation of the business.
Family of E-2 Treaty Investor & Employees
Under the E-2 treaty investor visa program, family members of the principal visa holder are also eligible to receive visas to live in the United States. The spouse and unmarried children under the age of 21 of the principal E-2 treaty investor are eligible to apply for E-2 dependent visas, which will allow them to live and work in the United States.
The E-2 dependent visa allows the spouse of the principal E-2 visa holder to work in any occupation, as long as it is authorized by the Department of Homeland Security. However, the spouse of an E-2 treaty investor is not required to work and can choose to be a stay-at-home parent or pursue other activities, such as continuing their education.
The children of an E-2 treaty investor are not permitted to work in the United States on an E-2 dependent visa, but they are allowed to attend school. Once they turn 21 years old, they will no longer be eligible for an E-2 dependent visa and will need to obtain their own visa in order to continue living and working in the United States.
It’s important to note that E-2 dependent visas are granted for the same period of time as the principal E-2 visa holder’s visa, and they are subject to the same renewal requirements. The family members of an E-2 treaty investor must maintain their nonimmigrant status in order to continue living and working in the United States.
Frequently Asked Questions
As of September 2021, the following countries have treaties with the United States that allow their citizens to apply for the E-2 visa:
- Albania
- Argentina
- Armenia
- Australia
- Austria
- Azerbaijan
- Bahrain
- Bangladesh
- Belgium
- Bosnia and Herzegovina
- Bulgaria
- Cameroon
- Canada
- Chile
- China (Taiwan)
- Colombia
- Congo (Brazzaville)
- Congo (Kinshasa)
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Ecuador
- Egypt
- Estonia
- Ethiopia
- Finland
- France
- Georgia
- Germany
- Grenada
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Jordan
- Kazakhstan
- South Korea
- Kosovo
- Kyrgyzstan
- Latvia
- Liberia
- Lithuania
- Luxembourg
- Macedonia
- Mexico
- Moldova
- Mongolia
- Montenegro
- Morocco
- Netherlands
- New Zealand
- Nicaragua
- Norway
- Oman
- Pakistan
- Panama
- Paraguay
- Philippines
- Poland
- Romania
- Russia
- Senegal
- Serbia
- Singapore
- Slovak Republic
- Slovenia
- Spain
- Sri Lanka
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Trinidad & Tobago
- Tunisia
- Turkey
- Ukraine
- United Kingdom
- Uruguay
- Uzbekistan
- Venezuela
- Vietnam
It's important to note that the list of eligible countries is subject to change, and it's always a good idea to check with the U.S. Department of State or an immigration attorney for the most up-to-date information.
The E-2 Treaty Investor Visa is generally granted for a period of up to five years and can be renewed indefinitely, as long as the holder is still in compliance with the terms of the visa and the underlying treaty. The length of stay on an E-2 Visa is initially determined by the consular officer at the time the visa is issued, based on the length of time the applicant's business is expected to need the holder's presence in the United States. The E-2 Visa allows the holder to live and work in the United States, as well as travel in and out of the country, for the duration of the visa. Dependents (spouse and children) of an E-2 Visa holder are also eligible to come to the United States, although they are not allowed to work. To apply for an E-2 Visa, the applicant must first establish that they meet the eligibility requirements and then file a petition with the United States Citizenship and Immigration Services (USCIS). The petition must be accompanied by evidence of the applicant's nationality, the existence and nature of the business, and the applicant's ownership or control of the business.
An individual who is currently in the United States in a different nonimmigrant visa category may be eligible to file for a change of status to E-2 classification if they meet the requirements for an E-2 treaty investor visa.
In order to qualify for a change of status to E-2 classification, the individual must:
1- Be a national of a country that has a treaty of commerce and navigation with the United States.
2- Be in the United States in a valid nonimmigrant visa status.
3- Have invested, or be in the process of investing, a substantial amount of capital in a bona fide enterprise that is engaged in substantial trade or investment.
4- Intend to develop and direct the business in which they have invested.
It's important to note that individuals who are in the United States on a visitor visa or a visa waiver program are not eligible to file for a change of status to E-2 classification. In order to apply for an E-2 visa, these individuals must leave the United States and apply for the visa at a U.S. embassy or consulate abroad.
It's also important to note that the decision to grant a change of status to E-2 classification is at the discretion of the U.S. Citizenship and Immigration Services (USCIS). The applicant must provide evidence that they meet all of the requirements for an E-2 treaty investor visa and that their intended investment is a qualifying investment under the E-2 program.
If you are currently outside the United States and you wish to obtain E-2 classification as a treaty investor, you will need to apply for an E-2 visa at a U.S. embassy or consulate abroad. The process for obtaining an E-2 visa typically involves the following steps:
Determine if you are a national of a country that has a treaty of commerce and navigation with the United States. You can find a list of countries that have treaties with the United States on the U.S. Department of State's website.
1- Determine if you have invested, or are in the process of investing, a substantial amount of capital in a bona fide enterprise that is engaged in substantial trade or investment. You will need to provide evidence of your investment, such as business plans, financial statements, and proof of ownership.
2- Gather all necessary documents for the E-2 visa application, including a valid passport, proof of your treaty investor status, and evidence of your investment.
3- Schedule an appointment for an interview at the U.S. embassy or consulate where you will be applying for the E-2 visa
4- Attend the interview and provide all required documents to the consular officer. You may also be required to provide additional information or documentation during the interview.
5- If your E-2 visa application is approved, you will be issued a visa that allows you to travel to the United States. You will need to present the visa and other required documents, such as a valid passport, to a U.S. Customs and Border Protection officer when you arrive in the United States.
It's important to note that the process for obtaining an E-2 visa can vary depending on the specific circumstances of the applicant and the U.S. embassy or consulate where the application is being filed. It's recommended to consult with an immigration attorney or a qualified adviser for more information on the E-2 visa application process.
The following countries are currently eligible for the benefits of the Caribbean Basin Initiative (CBI):
- Antigua and Barbuda
- Aruba
- Bahamas
- Barbados
- Belize
- Bonaire
- British Virgin Islands
- Curacao
- Dominica
- Grenada
- Guyana
- Haiti
- Jamaica
- Montserrat
- Saba
- St. Eustatius
- St. Kitts and Nevis
- St. Lucia
- St. Maarten
- St. Vincent and the Grenadines
- Suriname
- Trinidad and Tobago
- Turks and Caicos Islands
It's worth noting that the specific benefits available to each country under the CBI program can vary depending on various factors such as the country's level of development, trade relations with the United States, and other considerations.