Immigration Policies and Procedures: E-2 Treaty Investors

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What is a E-2 Treaty Investors Visa 

An E-2 Investor Visa is among other American Visa application options that distinctly allow a national from a treaty country to be admitted into the US after investing a significant amount of capital into the United States economy. A treaty country, in this case, is a country that maintains a treaty of commerce and navigation with the US. The Visa must be renewed within a period of every two years with no limit to the number of times of renewal.

For startup businesses, the investment must be substantial enough to start and operate the business, which will be determined by a USCIS’s Inverted Sliding Scale which calculates the investment’s proportion to the overall cost of the enterprise. Once their business is concluded, the E-2 investor is expected to return to his original country or change their E-2 status. Family members and a category of employees are eligible for an E-2 investor Visa as long as they meet certain requirements.

Just like any other Visa application option, there are rules and regulations that govern the E-2 investor Visa application process, and this article has taken the liberty to give you the basic policies and procedures in this Visa application process courtesy of Toppins Law Firm.

E-2 Visa Policies

General Qualifications of an E-2 Treaty Investor

Basic requirements that make an individual eligible to apply for an E-2 Visa include:

  • Be a citizen of a country that maintains a treaty of commerce and navigation with the United States that is a Treaty Country.
  • Invest or be in the active process of investing a significant amount of capital into a legitimate existing or startup business within the United States.
  • Intend with documented evidence to enter the United States for the sole purpose of directing and developing the investment enterprise, which is shown by a 50% ownership of the business or the holding of a managerial position or operational control of the enterprise.

Some employees of E-2 treaty investors are eligible to apply for an E-2 Visa as long they meet the following requirements;

  • Be of the same nationality of your E-2 treaty employer (who should be a national of a treaty country).
  • Be an employee as described within the relevant laws.
  • Be engaged in duties of either executive or supervisory positions or have special skills required in the operation of the enterprise.

If the enterprise is owned by multiple employers, the E-2 Visa employee applicant, has to apply through one of the E-2 treaty investors with at least 50% ownership of the business.

As for the family of the E-2 treaty investor, their spouses and unmarried children under the age of 21 can accompany them to the US under an E-2 nonimmigrant classification as dependents. The family is allowed to stay within the US for as long as the treaty investor stays.

Period of Stay

Qualified treaty investors are allowed to stay within the US for a maximum period of two years. They are, however, allowed to apply for an extension of their status which is granted for a maximum period of two years. Nonetheless, there is no limit to the number of times treaty investor can apply for an extension. When an E-2 investor travels abroad, they are given an automatic two year period of readmission upon return to the United States.

E-2 Visa Procedures

The following are the fundamental steps in the E-2 Visa application process, based on the sections of the E-2 treaty investor application form:

Section A (Table of Contents and Cover Letter)

The requirements in this initial section include a cover letter that describes the business and its beneficiaries. In this letter the applicant’s eligibility is addressed by the following submissions;

  • Existence of the required treaty.
  • Individual’s and/or businesses’ treaty country nationality.
  • Applicant’s active or intended investment.
  • Enterprise’s realness and legitimacy.
  • Substantial applicant’s investment.
  • Investment being than a marginal enterprise.
  • Applicant’s position to direct or develop the enterprise.
  • If the E-2 applicant is an employee; a show that they possess the skills essential to the firm’s
  • Applicant’s intent to depart the US once their E-2 status is terminated.
Section B (Forms)

This section entails;

  • A confirmation sheet of the applicants DS-160 form.
  • A copy of the MRV payment receipt.
  • A detailed letter printed on the company letter head with information of the applicant’s job detail.
  • You can also submit a letter of agreement between the treaty investor and the legal representative signed by the parties involved.
Section C (Applicant Information)

In this section you are expected to provide;

  • A color photocopy of your passport photo and similar copies of any US visas, US entry/exit stamps, and I-94s.
  • A copy of changes or extensions granted by the USCIS where applicable (form I-797).
  • Evidence of applicant’s residence in their country of origin.
  • A resume of the applicant.
  • A copy of the applicant’s relevant educational certificates.
  • Signed statement of the applicant’s intention to leave the US once their E-2 status is terminated.

The remaining sections after C that is sections D, E, F and tab G require information to the enterprise and its operation. More specifically; D seeks ownership information, E requires your investment information, F is filled with the realness, and operation of your enterprise and Tab G entails proof that your business is more than a marginal enterprise.

All in all, the information offered in this article is a basic guideline on the policies and procedures of an E-2 investor visa applicant. If you plan to be an E-2 investor, then you need professional assistance, and Toppins Law Firm offers the best solutions in this aspect.

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