E2 Treaty Investor

An individual can take advantage of the E-2 Visa category if he or she is a citizen of a treaty nation (a treaty nation is a country with which the U.S. has a qualifying Treaty of Friendship, Commerce, and Navigation or its equivalent), has invested or is actively in the process of investing a substantial amount of capital in a U.S.-based business, and is seeking entry solely to develop and direct the enterprise. The investor must demonstrate that he intends to depart upon the termination of E-2 status.

To qualify as an investment, the treaty investor must place capital, including funds and other assets, at risk with the objective of generating a profit. The treaty investor must be in possession of and have control over the capital invested or being invested.

The enterprise must be a real commercial or entrepreneurial undertaking, producing some service or commodity for profit and must meet applicable legal requirements for doing business in the particular jurisdiction in the United States.

A substantial amount of capital constitutes an amount that is substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise under consideration, sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise, and sufficient to indicate that the treaty investor will successfully develop and direct the enterprise.

Contact us for more information on this type of visa or to schedule a confidential consultation.