E-2 Treaty Investor Work Visa

The E visa provides reciprocal benefits to nationals of the U.S. and foreign countries who invest or conduct trade between two countries. Foreign nationals can get a visa by conducting trade with the U.S. (E-1 visa) or by overseeing investment in the U.S. (E-2). The E visa category can be used by various types of companies, whether owned by individuals or large multinational corporations. The E visa can be used by the company’s principals or by its employees.

E Visa requirements

  • A treaty must exist between the United States and the foreign country. Germany, Italy, Switzerland, United Kingdom, Taiwan, Pakistan , Iran, Japan and Australia are just some of the countries that have treaties with the United States
  • Majority ownership or control of the investing or trading company must be held by nationals of the foreign country
  • Every employee or principal of the company seeking E visa status must be a citizen of the foreign country where the company is based

E-2 "Treaty Investor" visas

E-2 visas are for owners and investors in businesses in the United States. The E-2 is a non-immigrant visa that may be granted for substantial investments in the U.S. An investment must meet several criteria in order to qualify for an E-2 visa. These criteria include:

  • Showing that "substantial" investment or funds are available and committed to the investment
  • The investment must be in an active business as opposed to passive investment such as purchasing a home
  • At least 50% of the business must be owned by an alien from a country which has a treaty with the United States
  • The investment must create enough profit to provide a living for more than just the alien and his/her family

There is no minimum amount of investment necessary to obtain an E-2 visa, and whether an amount will be considered "substantial" depends on the type of business involved, the number of jobs created the alien's personal assets, etc. In most cases, the investment must be at least $100,000USD.

Employees of E-2 companies may be granted E-2 visas if they are or will be engaged in duties that are executive, managerial, or supervisory in nature. If he/she is employed in a minor capacity, the employee may be granted E-2 visa if he or she has special qualifications that make the services to be rendered essential to the enterprise.

The spouse and children (unmarried and under 21) of E-1 or E-2 visa holders are entitled to the same E-1 or E-2 classification as the principal.

E Visa Application Process

The application process for the E visa includes filing a petition with the USCIS or U.S. Consulate. If filed with the USCIS, the application waiting period is generally several months. The USCIS offers an option for premium processing. For a $1,225 fee, the USCIS will process the petition in 15 days. If filed with a U.S. Consulate, it usually takes a few days for the visa to be placed in your passport from the date of the interview.

E-1 & E-2 Treaty Countries

Our managing attorney Karen-Lee Pollak and experienced immigration support team work with the applicant to submit the most complete and thorough petition, which emphasizes the applicant’s education, qualifications, and experience. In addition, Pollak PLLC knows the processes and procedures to work with various government agencies to ensure the best possible outcome. Please contact us to discuss your immigration options.

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