E-2 Treaty Investor Requirements

  • By: Serving Immigrants
  • Published: May 4, 2020
E-2 Treaty Investor Requirements

While there are many ways to live and work in the United States, the E-2 treaty investor visa represents a way that you can build your own business. The application for an E-2 visa is not overly complicated. However, there are a number of requirements to keep in mind.

Requirements For An E-2 Treaty Investor

In order to qualify for an E-2 visa, a treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation. These treaty countries can be found here.
  • Have invested or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

What Is An “Investment?”

An investment is the treaty investor’s placement of capital, including funds or other assets, at risk in the commercial sense with the objective of making a profit. The funds or assets must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have been not obtained, directly or indirectly, from criminal activity.

What Is A “Substantial Amount Of Capital?”

A substantial amount of capital is:

  • Substantial in relation to the total cost of purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the success of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully direct and develop the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

What Is A “Bona Fide Enterprise?”

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces goods or services for profit. It must meet applicable legal requirements for doing business in its jurisdiction.

Contact A Trusted Immigration Attorney

If you are interested in becoming an E-2 treaty investor, you should consult with an experienced and trusted immigration attorney. At Serving Immigrants, Inc., we have the experience and the knowledge to guide you through the application process. Contact us online or call us at (305) 907-6151 to schedule a strategy session.

Magdalena Cuprys, Esq.

As an immigrant and a refugee herself, attorney Magdalena Cuprys understands how
important, terrifying, and exciting immigrating to America can be. She understands
how important it is to have one’s legal status in order to achieve the American dream.

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