Weston E-2 Visa Attorney

Investors from qualifying foreign nations who wish to immigrate to the United States may be able to do so under an E-2 visa. E-2 treaty investor visas allow foreign nationals of countries with which the United States has a treaty to legally immigrate after making a qualifying and substantial investment in a U.S. business enterprise. If you are considering immigrating, an experienced Weston E-2 Visa immigration attorney can review your options with you.

Treaty Investors

Under E-2 classification, the applicant, known as the treaty investor, must:

  • Be a national of a country with which the U.S. has a treaty relationship;
  • Have invested a substantial amount of capital in a bona fide business enterprise; and
  • Seek to enter the U.S. in order to develop and direct the enterprise.

The treaty investor’s employees may also be eligible for E-2 visa if they meet certain requirements.

Qualified Employees

In order to qualify for an E-2 visa, a treaty investor’s employee must:

  • Be the same nationality as the treaty investor;
  • Be the treaty investor’s employee; and
  • Exercise executive or supervisory duties or have specialized professional qualifications.

Bona Fide Enterprises

The treaty investor must enter the U.S. for the purpose of establishing a new business or purchasing a preexisting enterprise. The business must be a legitimate, non-marginal enterprise producing goods or services for profit. Idle investments, such as a passive real estate investment, will not qualify.

Further, the treaty investor must have the capacity to develop and direct the enterprise. To prove that he or she is developing and directing the business, the treaty investor must either own 50 percent or more of the enterprise, or have operational control and a management position.

Capital

To be considered for an E-2 visa, the treaty investor must invest a substantial amount of capital, meaning money or other assets, in the enterprise. What constitutes a substantial investment is not specifically defined, but is generally $100,000 or more. Further, the amount must be substantial in comparison to the cost of starting a business or purchasing an existing business. This ensure commitment to the success of the business and indicates that the treaty investor will develop the business.

Additionally, the capital must be at risk, meaning that it is committed to the business, and that the treaty investor may lose the money if the enterprise fails. The capital must be the investor’s own, not borrowed, and must be legitimate, not the product of crime.

Conditions

While in the U.S., the treaty investor may only work in the enterprise for which the E-2 visa was approved. Any employees, however, may work in a parent company or subsidiary as long as they work in an executive or supervisory function or exercise essential skills and have not made changes to the terms and conditions of employment.

Duration and Family Members

Treaty investors under E-2 visas are approved for an initial stay of two years, after which time they may request extensions. In order to be approved, they must demonstrate the intent to return to their home countries after termination of the E-2 status. If the treaty investor travels abroad, he or she will get an automatic two-year readmission period upon return to the U.S. Treaty investors may bring spouses and unmarried children under the age of 21 to live with them in the U.S.

U.S. immigration law is complex. If you are considering applying for an E-2 visa, please contact a Sunny Isles Beach immigration attorney at the Weston Law Offices of Alex T. Barak, at 954-289-6298, to schedule a consultation.