An E2 visa is a temporary work visa for treaty investors and certain employees of qualifying organizations to come to the US to invest capital in a US business.
A substantial investment of funds and/or assets must be made with the intent of generating a profit and ensuring successful operation of the business.
An E2 visa is only available to nationals of countries with which the United States maintains a treaty of friendship, commerce and navigation or similar arrangement.
To qualify for an E2 visa, the applicant must be a citizen of one of the following treaty countries:
Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
Chile
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
Mexico
Moldova
Mongolia
Morocco
Netherlands
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Senegal
Singapore
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Ukraine
United Kingdom
In addition, a treaty investor must invest a substantial amount of capital in a commercial enterprise in the US that they intend to develop and direct. Investment in a non-profit enterprise does not meet this requirement.
Substantial capital is considered in relation to the total cost of purchasing or establishing the enterprise and must be sufficient to ensure the venture’s successful operation.
The business must also employ US workers and not solely benefit the investor and their family.
Employees of organizations wishing to apply for an E2 visa must be coming to the US in the capacity of an executive or supervisor that will be providing ultimate control and responsibility for the organization’s operations.
To qualify, the organization must be at least 50% owned by persons who have the nationality of the treaty country and the applicant.
E2 visa applicants may also be required to meet certain health and character requirements.
An E2 visa entitles the holder to live and work in the US temporarily. An E2 visa is usually granted for an initial period of 2 years and extensions may be granted. A treaty investor or employee may only work in the activity that was approved when the visa was granted. Any substantive changes in the investment or the organization’s characteristics must continue to meet the E2 visa requirements and be approved by the USCIS.
Spouses and unmarried children under 21 years of age may apply for the applicable derivative visa (E2 visa) to join their spouse or parent in the US. Accompanying spouses and children are entitled to study in the US without obtaining a student visa and accompanying spouses may undertake employment with an approved employment authorization.