E2 VISA / INVESTOR VISA
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To consult an immigration lawyer regarding the E2 Visa, please call
us at (626) 642-8066 or e-mail us at email@example.com.
An attorney in our office would be happy to assist you.
Foreign investors who
invest a substantial amount of capital in a US enterprise, and who will
develop and direct the enterprise, may apply for E2 visas if their country
of citizenship has the required treaty with the US.
investor is inside the US, he or she may apply to the US Citizenship
and Immigration Services (USCIS, formerly the Immigration and Naturalization
Service) for a change of status, extension of stay, or change of employment.
The E2 category does not require a petition for employment if the investor
is outside of the US. In that case, the investor may apply for the E2
visa on his or her own behalf directly to a US consular office abroad.
involved must place lawfully acquired, owned, and controlled capital
at commercial risk with a profit objective, and be subject to loss if
the investment fails.
application must be filed with evidence that:
investor is a national of a country with whom the USA has the requisite
treaty or agreement;
applicant (or in the case of an employee of a treaty investor who seeks
classification as an E2, the owner of the treaty enterprise) will direct
or develop the enterprise. The applicant must demonstrate that he or
she controls the enterprise by showing ownership of at least 50 percent
of the enterprise, by possessing operational control through a managerial
position or other corporate device or by other means;
investor has invested in or is actively in the process of investing
in the enterprise;
investment is substantial, i.e. sufficient to ensure the investor’s
financial commitment to the successful operation of the enterprise and
big enough to support the likelihood that the investor will successfully
direct and develop the enterprise;
investment enterprise is not a marginal enterprise;
the applicant is not the principal investor, he or she must be employed
in an executive or supervisory capacity, or possess skills that are
highly specialized and essential to the operations of the commercial
enterprise. Ordinary skilled or unskilled workers do not qualify; and
the applicant intends to depart the United States upon the expiration
of E2 status.
E2 DEPENDENTS / FAMILY MEMBERS
Spouses and unmarried
children under age 21, regardless of nationality, may receive derivative
E visas in order to accompany the principal alien. Family members may
be students in the US while remaining in E2 dependent status and spouses
may apply for work authorization with the USCIS.
Holders of E visas may reside in the United States as long as they continue
to maintain their status with the enterprise.
E2 VISA LAW LIBRARY
E Visa Regulations
Affairs Manual 41.51 - Treaty Trader & Investor
of E2 Visa Treaty Countries
& Pollard Case - Court defines "substantial investment"
Permit for E2 Spouse - USCIS Memorandum
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