Treaty Investor Visa
A treaty investor visa applies to an individual investing in a new or ongoing business in the U.S. and is a national of a country with which the United States has a Treaty of Commerce and Navigation. The applicant must be coming to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor must be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. The applicant must have more than fifty (50%) percent ownership of the investment, unless the applicant is coming as an employee of the enterprise.
It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.
E-2 visas are not usually considered a path to permanent residency in the U.S., however, in certain circumstances, the holder of an E-2 visa may qualify to apply for permanent residency in the United States.
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Eligibility for the E-2 Visa
Alien investors who meet the following requirements may work with a New York e2 visa attorney to qualify for an E-2 visa:
- The investor's home country maintains a treaty of commerce and navigation or bilateral investment with the United States
- The investor has made a "substantial investment" (typically $25,000 or more) in a U.S. business
- The business in which the investment was made is not less than 50 percent owned by citizens of the treaty country
- The investor intends to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves specialized skills
- The investor possesses means of support independent of the enterprise
- Demonstration of investments by the E-2 Visa holder may benefit the applicants in creating jobs within the United States
There is no fixed amount of investment necessary to qualify for an E-2 visa, however, as a general rule some immigration lawyers suggest that a minimum investment of $25,000 is necessary. The investment must amount to not less than fifty percent ownership in an enterprise that generates active income (as opposed to "passive income", such as that generated from rental property).
Ordinarily, the investment will be made by the E-2 applicant. There may, however, be circumstances in which an E-2 visa will be issued to an employee of a foreign company that qualifies as a treaty investor, provided the employee comes to the United States in an executive or supervisory capacity to direct the enterprise or possess a specialized skill required by the enterprise.
Extension and Duration of Stay
E-2 visas are generally issued for a period of two years. They can be renewed for an indefinite period as long as the E-2 visa holder's business is actively engaged in trade or services and the E-2 holder continues in the same capacity with the business.
Spouse and Minor Children Visa Eligibility
The spouse and unmarried minor children of an E-2 visa holder will also qualify for E-2 visas. These visas, however, will not automatically grant the spouse and children the right to work in the United States.
Pollack, Pollack, Isaac & DeCicco, LLP will be happy to assist you in obtaining and processing any visa you may qualify for. To learn more about obtaining a visa, contact a New York E1 visa lawyer today.
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Treaty Trader Visa
