The E-2 Treaty Investor Visa is a type of nonimmigrant visa that allows individuals from certain countries to enter and work in the United States based on a substantial investment in a U.S. business. This visa is specifically designed for entrepreneurs who are citizens of countries that have a treaty of commerce and navigation with the United States.
To qualify for an E-2 visa, the applicant must meet several requirements. Firstly, they must be national of a treaty country. Secondly, they must have made a substantial investment or be in the process of making a substantial investment in a U.S. enterprise. The investment must be sufficient to ensure the successful operation of the business and should not be a marginal one. The exact amount considered substantial can vary depending on the nature of the business.
Furthermore, the E-2 visa applicant must demonstrate that they will develop and direct the enterprise actively. They must also show that their investment funds are lawfully obtained and committed to the business venture. The business itself must be a real and active commercial or entrepreneurial undertaking that produces goods or services for profit.
Once approved, the E-2 visa allows the entrepreneur and their dependents to enter and remain in the United States for the purpose of managing and developing the investment enterprise. The initial period of stay granted under the E-2 visa is typically up to five years, with the possibility of renewals if the qualifying criteria are met.
It’s important to note that the E-2 visa is a nonimmigrant visa, which means it does not directly lead to permanent residency or a green card. However, E-2 visa holders can maintain their visa status indefinitely as long as they continue to meet the requirements and actively operate their qualifying investment enterprise.