E-2 Investment Visa
I. SUMMARY
II. WHAT IS E-2 STATUS?
III. WHO QUALIFIES FOR AN E-2 VISA?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII.PROCEDURE
I. SUMMARY
The E-2 treaty investor classification applies to foreign entrepreneurs coming to the U.S. to direct the operations of an enterprise in which he or she has invested capital. A treaty must be a national of a treaty nation, that is a country that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S.
II. WHAT IS E-2 STATUS?
It is a non-immigrant visa that allows you to work temporarily for a U.S. Employer. Upon expiration of your non-immigrant visa you must leave the country.
III. WHO QUALIFIES FOR AN E-2 VISA?
To qualify for an E-2 Visa you must:
- Be a national of a country with which the United States maintains a qualifying treaty,
- Demonstrate possession and control of funds.
- Demonstrate the ability to develop and direct the investment enterprise.
- Demonstrate that the investment capital is at risk and irrevocably committed to the enterprise.
- Demonstrate that enterprise must be a real, active, and operating commercial or entrepreneurial undertaking, which produces services or goods for profit.
- Demonstrate that the investment is substantial and the enterprise is more than marginal.
- An employee of an E-2 visa holder who possesses the same nationality may also be classified as E-2 nonimmigrant.
- The employee must principally and primarily perform executive or supervisory duties or possess special qualifications that are essential to the successful or efficient operation of the enterprise.
IV. WHAT FORMS DO I USE TO APPLY?
Applicant is in the U.S.:
FORM I-129: You/your organization will need to file Form I-129- Petition for Non-Immigrant Worker and its E supplement with the supporting evidence* with the US Citizenship and Immigration Services.
Applicant is out of the U.S.:
FORM DS-156E: You/your organization will need to submit Form DS-156E with the supporting evidence* at your local U.S. Consulate.
*SUPPORTING DOCUMENTATION:
E-2 Investor
Evidence of substantial investment, including but not limited to:
- Partnership agreements (with a statement on proportionate ownership), articles of incorporation;
- Stock Certificates
- Business Licenses
- Payments for the rental of business premises or office equipment
- Office inventories (goods and equipment purchased for the business)
- Insurance appraisals
- Annual reports
- Net worth statements from certified professional accountants
- Advertising invoices
- Business bank accounts containing funds for business operations
- Funds held in escrow.
E-2 Employee
Detailed description of executive or supervisory duties, or special qualifications essential to the enterprise, including but not limited to certificates, diplomas or transcripts, letters from employers describing job titles, duties, operators' manuals, and the required level of education and knowledge.
Your spouse and unmarried children under 21 are admitted under the same classification. Spouse of an E2 Visa holder is eligible for an Employment Authorization.
VI. FEES TO INS/CONSULATE
Form I-129 Filing Fee Click here
US Consulate Fee
Applicant is in the U.S.
Approval of Form I-129, Non-immigrant Petition for Alien Worker:
Applicant/Organization must file an I-129 Petition together with the supporting evidence.
Change of Status:
If the applicant is already in the United States, he or she can remain and work in the U.S. provided that a change of status has been requested by the petitioner and granted by the USCIS.
Applicant is out of the U.S.
Applicants that are outside the US are not required to submit an E petition at the US Citizenship & Immigration Services. He or she must submit application for an E2 Visa application (Form DS-156E) together with the supporting evidence at his or her local U.S. consulate office. Once application is reviewed and approved he or she is invited to an interview with a consular officer.
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