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Treaty Investor E2 Visa And Its Application Process

Foreign nationals can stay in the United States for an unlimited period of time (without green cards) with a substantial investment. A total absence of employees, even though there's no requirement to hire any new staff, may indicate that the company is marginal. As an E-2 manager, the E-2 may also be required to supervise other employees.

The visa is especially useful for those foreigners who are planning to spend up to 122 calendar days (but not more than 183 in a single year) and do not need a Green Card to save on U.S. taxes. The E-2 Visa suits international investors that want to own a U.S. second home.

Treaty Investor E2 Visa

US Immigration and Nationality Act Section 101 (a) (15)(E), provides visa status to citizens of treaty countries or those who have a trade and navigation agreement with the United States. The applicant is required to come to the United States in order to engage in substantial trade, develop an enterprise, and/or direct its operations.

The Treaty Investor and Trader visas do not fall under the non-immigrant category. These visas are not permanent resident status in the US, nor can they be used to obtain US citizenship. However, they allow applicants and their qualified family to reside in the US over a longer period. Investment is required for permanent residency.

Treaty Investor (E-2:)

o Investor (or corporate entity) must be national from a country that has signed a treaty.

This investment should be significant. It should be enough to assure the smooth operation of an enterprise. It is important that the investment percentage for low-cost enterprises be greater than investment percentages in high-cost businesses.

o Your investment must represent a legitimate operating company. Speculative or idle investment does not qualify.

Investments must not be minor. This investment should generate more income for the investor than is needed to sustain the investor's family or have an impact on the US economy.

Investors must control the money and put the investment at risk. To measure the amount of investment, the loans that are secured with assets owned by the investment firm do not count.

Investors who are not the principal investors must have a job in the US that involves developing and directing the company. If they are not principal investors, the applicants must have a job as an executive or supervisor.

What constitutes a significant amount of capital? A fixed "substantial amount" does not exist. The proportionality test measures a significant amount of capital as the amount sufficient to guarantee the financial commitment of an investor to the operation of the venture. The proportionality tests compare the total invested amount with the costs of setting up a viable business in the type of enterprise contemplated, or the amount required to purchase an already existing business.

A percentage is calculated by comparing the amount invested in an enterprise by the candidate for the treaty. The percentages must be inverted to create a sliding-scale comparison. Gradually, as business costs increase, so does the investment percentage. A capital investment in an enterprise will be considered significant if the amount invested meets or exceeds any of the following percentage figures (the amounts shown are in US Dollars):

75 % investment is required for an enterprise with a cost no higher than $500,000.

O 50% of the cost in an investment that costs more than $5000 but less than $3,000,000.

A 30% contribution to any business costing above $3,000,000.

An investment of more than one million dollars by a foreign company is considered significant, regardless of any of the above examples. It must provide more than just a profit that can support the investor and his or her family. Marginal enterprise means an enterprise with a limited ability to earn enough money to sustain the investor and his family, as well as other employees.

Are joint ventures permitted? The answer is yes, as long as the individual or business investor who applies for the visa has the ability to "develop" and "direct" the venture. If the applicant has a 50% stake in the enterprise, possesses operational control via a marginal post or corporate device or any other way to show that the applicant controls an enterprise, then they are in a good position.

How long is the Treaty Investor allowed to stay in the US after the commercial activities are completed? The investor must intend to depart the US after the conclusion of their commercial activities. Holders of E-visas are allowed to reside in America as long they meet the E-visa requirements.

Owners may retain "essential employees" only if they can prove either that US workers could not be taught to duplicate their skill set or if the owner has made reasonable attempts to train US-based workers to take over.

On entry to the US for the first time, the immigration official will normally grant a visa of one year. However, extensions are available as long the E Visa holder, and their family, maintain the E Visa status. Investors in an established business can get a visa that lasts up to 5 year; new U.S. businesses may have a maximum of 2 years. Business Plan and financial projections are often required when starting a business.

E-2 Visa Application Process

There are differences in the E-2 visa application processes from one country or another. It is normal to expect that the E-2 visa application process will vary from one country to another. Istanbul claims to review E-2s in a matter of a few days, while other Consulates or Embassies can take as long as 12 weeks. Certain Embassies require that the petition be delivered in person at a preliminary interview. Other Embassies allow for the petition to arrive by mail in advance. The alien can apply for "change of Status" within the U.S. but, if they leave the U.S. and return with their E-2 visa status, then the Alien will have to wait until the Consulate or Embassy has reviewed their application. The alien will need to plan ahead if their country has a longer review period.

Can the spouse and children of the visa applicant apply for one? Yes. Children under the age of 21 and spouses are eligible for derivative E Visas on the basis of their principal applicants' qualifications. They do not need to have the same nationality. When the name of a spouse, child, or parent (the one that appears on the passport) is different from the main applicant, you must submit copies of marriage or birth certificates to confirm the relationship. Couples who are de facto married or engaged do not qualify to receive derivative status. E-visa dependents can work in the United States.