The E-2 Visa is for nonimmigrants from countries that maintain a treaty of commerce
and navigation with the United States. Under an E-2 Visa, an individual
investing a substantial amount of capital in the U.S. can be admitted
into the country. Certain organizations and specific employees might qualify
for this classification as well. To request a
change of status, you should refer to the U.S. Department of State website for application
Qualifications for Treaty Investors
In order to qualify for E-2 classification, a treaty investor must:
- Come from a country that maintains a treaty of commerce and navigation
with the U.S.
- Have invested, or is in the process of investing, a substantial amount
of money to a U.S. enterprise
- Seek to enter the country for the development and direction of the investment
- Prove the investment funds weren’t obtained through criminal activity
A substantial amount of capital is generally defined as:
- Investment amounts similar or equal to the total cost of purchasing or
establishing a new enterprise
- Investment amounts that ensure the treaty investor’s financial commitment
to the enterprise
An enterprise refers to a real, active and operating commercial or entrepreneurial
venture. The enterprise also has to meet the legal requirements for doing
business within its jurisdiction.
Do Marginal Enterprises Qualify?
Marginal enterprises do not have the capacity to generate enough income
for the treaty investor’s minimal living expenses. In order to qualify
for an E-2 Visa, the treaty investor’s enterprise cannot be marginal.
In some cases, a new enterprise might not be considered marginal, even
if it lacks the current capacity to generate minimal income for the investor.
Speak with an attorney to see whether or not your investment enterprise
meets the criteria for E-2 classification.
There are many hurdles you might face when applying for your
visa. However, our immigration lawyer can help you through these legal obstacles.
As an immigrant himself, Ashkan understands such difficulties, and can
help with your legal concerns.
Do you have more questions about E-2 Visas?
Contact our Irvine immigration attorney
to find out more, or call (949) 478-4963 for a consultation.