E-2 Visa Introduction
The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.
If the alien is inside the U.S., the I-129 should be used to apply for a change of status, extension of stay, or change of employment. This category does not require a petition for employment if the alien is outside of the U.S. In that case, the alien applies for this category on his or her own behalf directly to a U.S. consular office abroad.
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.
Benefits of E-2 Visa
On E-2 visa, the holder may:
• Work legally in the company that is the investment vehicle in the U.S.
• Travel freely in and out of the U.S.
• reside in the United States as long as they continue to maintain their status with the enterprise.
• Spouses and unmarried children under age 21, regardless of nationality, may receive derivative E visas in order to accompany the principal alien.
• Family members may be students in the US while remaining in E2 dependent status and spouses may apply for work authorization with the USCIS.
Requirements for E-2 Visa
The visa application must be filed with evidence that:
1. The investor is a national of a country with whom the USA has the requisite treaty or agreement;
2. The applicant (or in the case of an employee of a treaty investor who seeks classification as an E2, the owner of the treaty enterprise) will direct or develop the enterprise. The applicant must demonstrate that he or she controls the enterprise by showing ownership of at least 50 percent of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
3. The investor has invested in or is actively in the process of investing in the enterprise;
4. The investment is substantial, i.e. sufficient to ensure the investor's financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
5. The investment enterprise is not a marginal enterprise;
6. If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify; and
7. That the applicant intends to depart the United States upon the expiration of E-2 status.
List of Treaty Countries :
Albania
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
China (Taiwan)
Colombia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Georgia
Germany
Grenada
Honduras
Iran
Ireland
Italy
Jamaica
Japan
Jordan
Kazakhstan
Korea (South)
Kyrgyzstan
Latvia
Liberia
Lithuania
Luxembourg
Macedonia, the Former Yugoslav Republic of (FRY)
Mexico
Moldova
Mongolia
Morocco
Netherlands
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Senegal
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Ukraine
United Kingdom
Yugoslavia