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Immigration Law
Case Introduction
Case No. IW-040
E-2 Treaty Investors
Brief Introduction

Treaty Investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation who wish to go to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital.
E-2 visa provides some special benefits not available to other similar nonimmigrant categories:
It can be used for overseeing investment in the U.S.;
It can be used by many different types of companies, from one owned by a single investor to a large multinational corporation;
It can be used by the company’s principals or by its employees, as long as they are performing functions approved by the applicable rules ("executive" or "manager", or have "essential skills" necessary to the operation of the employer's business).The maximum length for which an E-2 visa can be issued is 5 years. However, whether or not to issue for that length of time is solely the judgment of the consular officer. E-2 can be renewed or extended if the trade continues to meet all applicable requirements of U.S. immigration laws and regulations.

Things to Know

1. Requisite treaty exists;
1) Treaty countries for both E-1 and E-2 status:
Argentina, Australia, Austria, Belgium, Bosnia, Canada, Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras, Iran (with restrictions), Ireland, Italy, Japan , Korea , Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Taiwan, Togo, Turkey, United Kingdom.
2) Treaties conferring only E-2 treaty-investor status exist with the following countries:
Albania, Armenia, Bangladesh, Bulgaria, Cameroon, Congo, Czech Republic, Ecuador, Egypt Estonia, Grenada, Georgia, Jamaica, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Morocco, Zaire, Panama, Poland, Romania, Senegal, Slovakia, Sri Lanka, Trinidad & Tobago, Tunisia, Ukraine.
2. Individual and/or business possess the nationality of the treaty country;
3. Applicant has invested or is actively in the process of investing;
4. Enterprise is a real and operating commercial enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
5. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
6. The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
7. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
8. The investor must be coming to the U.S. to develop and direct the enterprise.
9. The investor intends to depart the U.S. when the E-2 status terminates.

Filing Fee

 The principal applicant is required to pay the visa application fee of $270 and submit with the application.

Ask for Attorney Service
Service Details

1. Provide E-2 visa questionnaires for alien applicant and company,
2. Provide supporting document checklist,
3. Review company and alien’s qualifications,
4. Confirm that the E-2 application is appropriate,
5. Advise on how to prepare company and personal documents for E-2 application and interview,
6. Prepare application forms,
7. Prepare attorney cover letter and supporting letter,
8. Submit your application with Consulate and keep your file,
9. Keep correspondence with Consulate,
10. Provide interview FAQ,
11. Provide visa application instruction,
12. Assist client in response to Request for Evidence, if any.

Service Fee

This service fee is the basic reference price, which may be adjusted case by case.

Payment Methods
  • Wire Transfer
  • Check
  • Credit Card
Free Consultation

Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.

Attorney Consultation

$300 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).