At Alaz Law, we specialize in helping individuals obtain E-2 Treaty Investor visas to invest in and manage a U.S. business.
The E-2 Treaty Investor Visa is a non-immigrant visa which permits an alien to live and work in the U.S. for a limited time. The visa is usually issued for 2-5 years at first, and can be renewed there after in 5 year increments. There is no limit to the number of renewals that are permitted, as long as the applicant continues to qualify for the visa.
E-2 MAIN REQUIREMENTS
- The client must invest in an ACTIVE U.S. business (either buy an existing business or start a new business).
- The client must make a SUBSTANTIAL investment in the business (normally over $100,000 with little financing).
- The business must be NOT MARGINAL (it must be able to create jobs or U.S. workers and be able to earn more than a a living wage for the investor).
To be eligible for an E-2 visa, the following conditions must be present:
- The prospective applicant must be a citizen of a country that has entered into a treaty of commerce and navigation with the US. The Department of State’s website maintains a full list of eligible countries.
- Generally, the applicant must own at least 50% of the business to qualify as the investor. He or she must also provide information about management qualifications.
- The amount of “substantial” investment must be proportional to the type of business that is being established, sufficient to initiate/continue successful operations, and generate employment for U.S. workers. Please note that the money being invested cannot have been generated from the proceeds of a loan, and there must be sufficient documentation to prove the origins of the investment amount.
- The prospective applicant must be employed in a position that is executive or supervisory or requires specialized skills/knowledge.
E-2 Treaty Investor visas
require substantial amounts of documentation in addition to a comprehensively prepared Business Plan. We can guide you through the process, from determining your eligibility to preparing your application and representing you in any necessary legal proceedings.
The E-2 visa can be obtained for both company owners/partners, as well as for prospective managerial/specialized skills employees of the U.S. company. There is no requirement of prior experience at a foreign company.
The E-2 visa can be extended indefinitely as long as the individual maintains the same capacity in the business and the business maintains its services. If the individual will be applying for the E-2 visa at a U.S. Consulate abroad, the visa may be issued up to five years depending on visa reciprocity rules. Please note that if the individual is applying for the E-2 visa in the U.S. through USCIS, the E-2 status will be granted for a 2-year period.
Spouses of E-2 visa holders are authorized to work in the U.S. Contact us today for a consultation with our immigration lawyers to guide you through the E-2 visa application process.