The E-2 Visa, also known as the Treaty Investor Visa, is a non-immigrant visa that allows individuals from certain treaty countries to enter the United States for the purpose of directing and developing a business in which they have made a substantial investment. It's designed to facilitate international trade and encourage economic interaction between the U.S. and treaty countries.
The E-2 Visa permits individuals to invest a substantial amount of capital in a U.S.-based business and operate it actively while being granted the ability to enter and stay in the United States for the duration of their business activities.
Ownership and Control: E-2 Visa holders can actively direct and oversee their investments and businesses in the U.S.
Flexibility: The E-2 Visa allows for continuous travel in and out of the U.S. during the visa's validity period.
Dependents: E-2 Visa holders' spouses and unmarried children under 21 years old can accompany them as dependents, with the ability to attend school in the U.S. and, in certain cases, work.
Renewability: E-2 Visas can typically be extended as long as the underlying business and investment continue to meet the required criteria.
Treaty Country: The applicant must be a national of a country with which the U.S. maintains a relevant treaty.
Substantial Investment: The investment must be substantial in relation to the total cost of the business.
Active Role: The applicant must play an active role in the business's operations and management.
Not Marginal: The business must generate more than enough income to provide a living for the investor and their family.
Source of Funds: The source of the invested funds must be legitimate and traceable.
Business Creation: Establish a bona fide enterprise by investing a substantial amount of capital.
Application Preparation: Gather required documents, including a comprehensive business plan, investment evidence, and documentation of the treaty country's nationality.
Filing: Submit Form DS-160 online, pay the required fees, and schedule a visa interview at a U.S. consulate or embassy.
Interview: Attend the visa interview, where you'll provide documentation and answer questions about your investment and business plan.
Decision: The consular officer will determine whether you meet the eligibility criteria and approve or deny the visa.
Entry: If approved, you can enter the U.S. and engage in your investment activities. The visa typically allows a stay of up to two years initially, with renewals available.
It's important to note that E-2 Visa requirements and processes can vary based on individual circumstances and the specific treaty country. Consulting with an experienced immigration attorney can provide valuable guidance throughout the application process.