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Immigration Library  >  Work Visas  >  E-2

E2 Visa (Treaty Investors)

The E2 Treaty Investor visa allows nationals from countries that have treaties of commerce and navigation or bilateral agreements in effect with the U.S., to enter the U.S. for the purpose of directing and developing the operations of an enterprise they have invested in, or are in the process of investing a substantial amount of capital.
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I. Benefits of the E2 Visa
  
A.    You can work legally in the U.S. for a U.S. company that is the subject of the investment

B.    You can travel freely in and out of the U.S. while on a valid E2 visa

C.    You can stay on a prolonged basis with unlimited two year extensions as long as you maintain valid E2 status

D.    You may bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.

E.    Your spouse may seek employment by applying for an employment authorization document
II. Requirements for the E2 Visa
  
 To qualify for the E2 visa, you must fulfill the following requirements:


A.    You must be a national of a treaty country
  
 You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E2 visa purposes.

Treaty countries currently include: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.


B.    Your investment must be substantial
  
 It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
C.    Your investment must be in a real operating commercial enterprise
  
 Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.


D.    Your investment may not be marginal
  
 The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.


E.    You must have Control of Funds and Bear the Risk of Investment
  
 You 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 only are not considered to be at risk.
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July 3, 2009

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