Treaty Investor – The E-2 Visa

An individual can receive an E-2 visa if they are coming to the United States temporarily in order to direct or develop a bona fide enterprise in which they have placed a substantial investment. Investment is the equivalent of placing capital at risk. The person seeking an E-2 visa must be able to prove that they wereresponsible for the source of funds used to make the investment. Unlike other immigration categories, the E-2 visa does not have a minimum dollar amount required of the investor; the only requirement is that the amount must be substantial in relation to the total cost of the entire investment to ensure the investor’s commitment to developing the enterprise. E-2 visas are usually denied if the expected return on the investment will only provide enough for sustaining the subsistence of the investor and his/her family.

Eligibility Criteria


1.      The treaty investor must be a citizen of a country with which the United States has the requisite
treaty or agreement.
2.      The treaty investor must have at least 50 percent ownership of the treaty enterprise and the
nationality of the treaty country.
3.      The investor has invested in or is actively in the process of investing in the enterprise.
4.      The investment must ensure the investor’s financial commitment to the successful operation of
the enterprise, big enough to support the development of the enterprise, and generate enough
income for the investor and the investor’s family.
5.      If the applicant is not the principal investor, the applicant must be an employee as an executive or
a senior manager, or possess special qualifications that contribute to the successful and efficient
operation of the enterprise.

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