Key employees and principal owners of a U.S.
company that is at least 50% owned by nationals
of their country of citizenship may work for
the company in the U.S. if their country is signatory
to an investor treaty with the U.S., a significant
cash investment has been made in the company,
and the company is actively engaged in trade
or the rendering of services.
assist companies, key employees, owners, and
their accompanying relatives in preparing the
extensive paperwork and complying with the complex
rules, regulations and definitions applicable
to the E-2 visa. We guide the parties through
decisions regarding corporate structure, type
of businesses that qualify, key employee, control
and ownership issues, skill and salary requirements,
financial requisites, the "substantial
extensions of stay, and the eventual change from
a temporary "E" visa to another visa, as needs
change over time. We represent their interests
before the INS in the U.S. and the consulate
where the owners or key employees are citizens.
The E-2 visa is
are only available to citizens of countries which have investor treaties with
the U.S. The countries with treaties currently in effect are: Argentina, Armenia,
Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia,
Congo (Brazzaville), Congo Democratic Republic), Costa Rica, Czech Republic,
Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada,
Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea,
Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands,
Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania,
Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland,
Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United
Kingdom, and Yugoslavia.
E-2 Visa Privileges:
can work legally in the U.S. for a U.S. company
in which a substantial cash investment has
been made by you or other citizens of your
country of citizenship.
can be issued within approximately three
visas are available for the spouses and children
of E-2 visa holders.
may work, and spouses and children may engage
in study with the E-2 visa.
may travel freely in and out of the U.S.
for the term of the visa.
are not required to maintain a residence
need not currently reside in your country
of citizenship in order to obtain an E-2
visa (except for U.K. applicants).
E-2 visa is not subject to any extension
limitations. After the initial grant of two
years, you may live in the U.S. with continuous
extensions, as long as you continue to satisfy
the requirements of the E-2 visa.
E-2 Visa Prerequisites
- You must be a citizen of a country
which has an investor treaty with the U.S.
- You must be a principal owner
or key employee, as defined by U.S. immigration
least 50% of the company's owners must be
citizens of the same investor treaty country,
and they must either live outside the U.S.
and be eligible for E-2 status, or live in
the U.S. with E-2 visas.
- A "substantial cash investment" must
be made in the U.S. business. The sufficiency
of the investment is determined on a case-by-case
business must be actively engaged in the
rendering of services or trade. Investments
in stocks, land speculation, or holding companies
are not generally approved for E-2 visas.
family-operated businesses which will not
need to hire American workers within five
years are not generally approved
for E-2 visas.
E-2 visa will initially be issued for a maximum
term of two years, with an unlimited number
of two year extensions permitted, as long
as you maintain your E-2 visa eligibility.
- At the time of application, you must intend to
depart the U.S. when your business there is completed.