Information about the E2 Investor Visa Program

Information about the E2 Investor Visa Program

The E2 Investor program allows individuals from treaty countries to reside in the U.S. when they invest a certain amount of capital in a United States business, as nonimmigrants. A treaty country is a nation with which the U.S. maintains a treaty of commerce and navigation. Individual employees also qualify for the E-2 status. RunRex.com would like to keep you informed on the latest immigration techniques. This article focuses on information about the E-2 Investor program. 

Who May Change Status to an E-2 Classification?

If you are a treaty investor currently residing in the U.S in a lawful nonimmigrant status, you may file for an E-2 status through Form I-129. If you are a qualifying employer, you may also file for an E-2 state on behalf of your employee. The application is made through Form I-129. With proper guidance form RunRex.com, all your documents will meet the required standards.

Obtaining the E-2 Classification outside the United States

Application for the E-2 classification outside the U.S cannot be made through Form I-129. Immigrants are advised to contact USCIS for further information and guidance. However, application for a visa is still possible. Upon issuance of the visa, you can then apply for an E-2 status with a DHS officer at a U.S entry point. RunRex.com provides necessary advice and guidance during filing, to ensure that your documents meet all the requirements. 

What Are the Qualifications of a Treaty Investor?

To qualify for the E-2 status, you must:

• Be a citizen of a country with which the United States holds a treaty of commerce and navigation with
• Invest or plan to invest a substantial amount of capital in a bona fide business in the United States
• You must be seeking to enter the United States entirely to control the investment business. Proof can be provided by owning at least 50% of the enterprise or being in control through a managerial position or other corporate devices.

What Are the Qualifications of an Employee of a Treaty Investor?

The employee must:

• Be from the same treaty country as the employer. 
• Must be an employee according to the law
• Have the position of executive or supervisor in the enterprise, and if not, have unique qualifications.
• However, the employer need not be an individual. If the employer is an organization, it must own more than 50% of the enterprise in the U.S. The owners of the organization must have an E-2 nonimmigrant status and if not within the United States, they must qualify for the classification.

What is the Period of Stay under the E-2 Status?

Once qualified, E-2 nonimmigrants are allowed an initial stay of two years. After that, extensions are granted in periods of two years, with no limitations on the number of increments that may be given. After traveling abroad, An E-2 nonimmigrant may be allowed an automatic two-year stay upon returning to the U.S. without filing a Form I-129. 

Families and Employees of E-2 Investors

Treaty investors and employees may be accompanied by their spouses and unmarried children under 21 years. Though their nationalities do not have to be the same as the treaty country in question, they should apply for an E-2 nonimmigrant status as dependents. 

If the family members are already in the United States, they may change their status, or file a for an extension of stay through filing Form I-539 with fee. Spouses who wish to work can file Form I-765 with fee. However, automatic two-year stay after readmission into the U.S does not apply to family members.

Definition of Terms

• What Is an Investment?

According to the USCIS, an investment is the placing of capital, which includes funds, or other assets at financial risk to make profits. The treaty investor should also show that the funds were not obtained illegally, whether directly or indirectly.

• What Is a Substantial Amount of Capital?

• An amount that is substantial to the cost of purchasing or creating a new enterprise
• Sufficient enough to show the treaty investor’s commitment to the investment
• Large enough to support the success of the business
• What is a bona fide Enterprise?

This is a real, active and operating commercial or entrepreneurial activity that generates products and services for profits. The business should be legal and work within its jurisdictions.

What are the exceptions?

Marginal Enterprises

The USCIS states that the investor’s enterprise should not be marginal. A marginal business is one that does not have a present or future capacity to generate enough income and provide a living for the treaty investor and his family. New enterprises should have the ability to produce income five years from the date that the treaty investor’s E-2 classification begins.

Conclusion

With the information above, filing for the E-2 nonimmigrant status should be more comfortable. However, for the best guidance during filing, RunRex.com advises you to seek consultation. Visit our website today for professional advice and guidance as you apply for your E-2 investor visa.