Treaty Investors And E-2 Visas
Our immigration lawyers at Wilson Law Group in Minneapolis have been helping clients who wish to work and live in the United States since 2003. Whether you are eligible for an employment visa or looking to join your family, our lawyers use creative and innovative immigration strategies to help you find the best path toward immigration.
What Is An E-2 Treaty Investor Visa?
Treaty investor visas allow a foreign national to enter the United States to work for a business in which the person invested significant financial resources. Specifically, the E-2 treaty investor must either be engaging in duties of an executive or supervisory character or, if employed in a lesser capacity, have special qualifications. Special qualifications are skills that make the employee’s services essential to the efficient operation of the business. The E-2 treaty investor differs from the E-1 visa in that it is aimed at foreign nationals looking to invest in a U.S. business rather than develop business between the U.S. and another country.
Why Is The E Visa Referred To As A ‘Treaty’ Visa?
E visas are named “treaty” visas because a person’s country of nationality and the United States must have a treaty permitting trade between the two countries. Specifically, the U.S. and the foreign national’s country must have a treaty of “friendship, commerce, and navigation,” or have some other diplomatic agreement that permits the DHS and Department of State to grant treaty trader status.
What Are The Main Requirements For An E-2 Treaty Visa?
The foreign national must be making an active investment in a business. The law defines the term active to mean that the result of the investment must produce a service or product. Purchasing real estate does not suffice. In addition:
- If purchasing a business, the foreign national must submit proof that the deal is complete except for obtaining the E-2 visa.
- Both the Department Of Homeland Security (DHS) and the State Department allow applicants to use an escrow account to hold purchase funds in case the government denies the application.
- The investor must manage the business and exercise a controlling interest in the business.
- Any investment must be substantial and generate a definite profit.
In order to qualify for an E-2 treaty visa, the investment must not be marginal and should be able to demonstrate a definite profit. In addition, the E-2 applicant must intend to depart the U.S. after their authorized period of stay.
Can E-2 Dependents Work?
E-2 visa holders may be accompanied or followed by spouses and unmarried children who are under 21 years of age. These family members may seek E-2 nonimmigrant classification as dependents. Spouses of E-2 workers may apply for work authorization. Children can attend school without changing status.
Do You Need An Immigration Attorney Familiar With Treaty Visas? Contact Us.
Our immigration attorneys have extensive experience with E-1 and E-2 visas. Our firm also offers a free consultation. You can schedule your free appointment by calling our office at 612-430-8022 or by sending us an inquiry through our website form.