Investors from eligible countries may apply for an E2 treaty investor visa so as to manage and develop their business. They may also apply for E2 visas for high level managerial and specialist employees useful for medium and large size businesses.
Contrary to the L-1 visa, that such employees have worked for the business outside the US for a set period of time is not required, and there is no requirement that the business continues operating outside the US under the E2 visa scheme.
E2 Treaty Investor Visa Applicant Requirements
E2 Treaty Investor applicants must meet the following conditions:
- There has been or will be a substantial investment in the US: Investments can include travel, sales and marketing, equipment purchases and a range of other expenses. Some businesses, like the IT sector, may qualify with investments of about $10,000. However, E2 visa registration for smaller levels of investment may be more difficult.
- Risk Capital has been Committed to the E2 Treaty Investor business: The investment must entail some risk to the investor, though it may not be all in the form of unguaranteed credit. You may need to have an office lease agreement in the US if you don’t have a purchase agreement and are taking over an existing business.
- The investor will control his/her investment: E2 visa treaty investors of same nationality will usually need to have at least a fifty percent ownership of the business in the US.
- The enterprise will be active: The E2 Treaty Investor should be involved in managing and developing the business.
- The E2 business should not be regarded as “marginal”. US workers should be employed. The treaties offer more than just creating a job for the principal investor, no requirement to employ a certain number of US citizens or residents. Employing only a small number of employees should be alright to meet the requirements.
- Have a business plan detailing a forecast for a new business. Details of worker skills, qualifications, and work history should be given for any prospective employees of the E2 Treaty Investor, and if necessary for the investor themselves.
- Leave the US upon termination of the E2 visa status: The principal investor and any other E2 visa staff must be able and willing to leave the US when their E2 visa status expires since the E2 is a non-immigrant visa category. Although, the E2 Treaty investor visa can be indefinitely extended.