E-2 Treaty Investors and their Employees

The E-2 visa is a nonimmigrant visa that allows foreign nationals from countries with which the U.S. has a qualifying treaty to enter the United States to invest in or manage a business. This visa is designed for individuals who are coming to the U.S. to direct and develop a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. Applicants must demonstrate that the investment is in an active and operating commercial enter-prise and that they will have a controlling interest in the business. The E-2 visa can also be granted to key employees or executives of the business who are essential to its operations.

To apply for the E-2 visa, applicants must complete Form DS-160, the Online Nonimmigrant Visa Application, and submit the required visa application fee. After submitting the application, applicants must schedule an interview at a U.S. embassy or consulate. During the interview, they must provide supporting documentation, including a valid passport, evidence of the treaty rela-tionship between the U.S. and their home country, proof of the substantial investment in the business, a detailed business plan, and information about the business’s operations. Additionally, applicants should show that they have control of the investment and the necessary qualifications to manage the business effectively.

Once approved, the E-2 visa is typically granted for up to two years, with the possibility of ex-tensions as long as the business continues to operate and meet the visa’s requirements. The E-2 visa holder can also bring their spouse and unmarried children under the age of 21 to the U.S. under dependent status. The visa holder’s spouse can also apply for work authorization, and the children may attend school. As with any complex immigration process, applicants should consult with an immigration attorney to ensure that their E-2 visa application is complete and properly filed.

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