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1. E-2 TREATY INVESTORS – A VIABLE
ALTERNATIVE TO PERMANENT RESIDENCY
An E-2 treaty investor visa is a nonimmigrant visa which allows foreign
entrepreneurs fromtreaty nations to enter into the United States and participate
in substantial trade. This E-2 visa basically allows business owners, managers and
employees to remain in the US for extended periods of time to overseetheir
investment or enterprise. The visa is renewable every two years and there is no
restriction as to the number of times the visa can be renewed. To qualify, the
foreign national mustbe froma country that holds a bilateral investment treaty
with the United States. All the EU nations, including the United Kingdom, along
with the Scandinavian countries qualify. Select countries fromLatin America,
Africa, Eastern Europe and the Middle East also haveeligibility. You will need to
check with an immigration attorney or the US Department of Homeland Security
to see if you are froma qualifying country.
The purposeof the operations of the trade can also be to develop and direct the
operations of an enterprisein which the alien has invested, or is in the process of
investing under the provision of the Immigration and Nationality Act. The
investment activities include the purchaseof a new business, of which the
investment mustbe significantto ensurethe successfuloperation of the
enterprise and should be proportionalto the total investment. The investment

2. should be more than half the total value of the enterprise or, in the caseof a new
business, theinvestment amount should be sufficientto ensure the successful
operation of the enterprise. There are certain amounts of capital investment and
the percentage of ownership the USCIS will useto determine if the investment
does meet the “substantial” threshold. Please consultwith an immigration
attorney to see if you meet thoseguidelines.
As a general basis, the alien applying for the visa should be serving the company
in a supervisory or executive capacity in nature that involves skills which is
essential to the operation of the business, in other words, thealien should be a
key employee, or owns at least 50% of the company.
The percentage of ownership is increased wherethere is a low cost business
enterprise. In these situations, the capital investment and ownership mustbe
higher than the percentage of investment in a high cost-enterprise; this is to
ensurethat the investment is substantial.
The alien’s investment must be a real operating enterprise; applicant will not
qualify with speculative or idle investment, justthe same uncommitted funds in a
bank account or similar security are also not considered an investment.
The investment made should not be marginal, the investment should have the
capacity to generate a significantamount of income; more than the amount
needed to provideeveryday living expenses for the investor and his family, and in
other words it should have a significanteconomic impact in the United States. The
investor mustbe in control of the funds, the funds should not be one that is
secured by the assets of the enterprise.
The E-2 investor does not requirea specific amount of employees, but cannot be
justa marginal investment either. In most circumstances, 2-3 employees are
sufficient to meet this threshold. Other positive aspects to this visa are that a
spousecan receive employment authorization, and minor children can attend
public schools.
Applicants applying for the E-2 Investor visa would need to make an application at
the U.S. Embassy Consulatethat has jurisdiction over their place of permanent

3. place of residence. Applicant can also apply at any U.S. Consulate abroad,
however it may be more difficult to qualify outside of one’s permanent residence.
An interview at the United States Consular office whereapplication was made is
required as part of the application process for applicants 14 and 79 years of age;
however, applicants age 3 and younger as well as applicants age 80 and older are
not required to do an interview unless requested by the consulate office. Each
applicant applying for an E-2 investment visa should complete and print the
following forms; online Nonimmigrant Visa Electronic Application FormDS-160,
Nonimmigrant Treaty/Trader Investor Application FormDS-156E, a passportvalid
for travel to the United States with a validity date of at least 6 months and
beyond the applicant’s intended period of say within the United States, unless
country specific agreements provided exemptions. If morethan one person is
included in the passporteach form must complete a copy of each the
applications. Along with the completed application forms each applicant is also
required to submit1 (2×2) color photograph. Theapplication costor each
applicant is $390.00,allU.S. Immigration fees are quoted in U.S. Dollars.
An applicant applying for a Treaty Investor (E-2) visa mustfirstestablish that the
investment enterprisemeets the requirement of the law, and complies with the
requirements of the E visa classification. Special forms may be required by the
Consular Officer for the solepurposeof establishing adequate eligibility, as well as
requesting additional documentation which may also assistthem to determine
eligibility. Itis not possible to specify the exact documentation needed by the
Consulate as each circumstancevaries by applicant.
Applicants please remember that attempting to obtain a visa by the willful
misrepresentation of a material fact or fraud may resultin permanent refusalof a
visa or denial of entry into the United States.
There are certain activities which may resultin being ineligible for a U.S. visa.
However, in someinstances an applicant who is ineligible, but is properly
classified for a certain type of visa, may apply for a waiver of ineligibility and be
issued a visa if and when the waiver is approved. If the Consular Officer should

4. find it necessary to refusean applicant the issuancea visa, the applicant may
make a new application if there is new evidence to overcomethe denial. In the
absence of new evidence Consular Officers arenot obliged to re-examine such
cases.
Spouses and unmarried children under the age of 21, regardless of nationality
may receive derivative E visas to accompany the principal visa holder. The spouse
of an E visa holder may apply to the Department of Homeland Security for
employment authorization, however, dependents children are not authorized to
work in the United States. Please see websitefor list of treaty countries for
review, americanlaw.com/treatylist.
If you are considering applying for this type of visa, it is highly recommended to
hire a skilled immigration attorney to assistin the preparation of these petitions.
This article was written by the assistanceof the following websites
Americanlaw.com/treatylist, Retrieved on March 29, 2011
Travel.state.gov/visa/temp/types/types, Retrieved on March 30, 2011
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