E-2 Investor Visa
Only nationals of a “Treaty Country” may apply for an E-2 visa. The E-2 visa allows the investor to live in the U.S. while the investor develops and/or directs a business in which he or she has invested or is actively in the process of investing a “substantial amount of capital.” The amount of capital can be as little as $100,000, although the minimum will vary depending on industry selected ($100, 000 would not be a “significant amount of capital” for a multi-million firm with high capital needs, for example).
The E-2 visa is a nonimmigrant visa. To qualify for the visa, you will need to convince the government that you will depart the U.S. at the end of the visa term (initially five years, but it can be extended indefinitely as long as the visa holder maintains his or her status with the enterprise).
Employees of the investing firm may also qualify for an E-2 visa. To qualify the employee must demonstrate that his or her skills are “essential to the efficient operation of the enterprise”. Both employee and employer must be nationals of the same “treaty country”. Also, the company in the U.S. must be at least 50% owned by nationals of the same country as the applicant. For the E-2, no restructuring of company can result in < 50% ownership by nationals while the visa holder is in status. The employer may not be a U.S. citizen or permanent residence holder.
Spouses and unmarried children under 21 years of age may receive derivative E visas in order to accompany the principal alien. Spouses may obtain work authorization. Children may not.
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