Treaty Investor (E2 Visa)

The E categories are designated for aliens engaged in international trade or investment between the United States (U.S.) and the aliens’ countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent with the U.S. A Treaty Country includes a foreign state that is accorded treaty visa privileges under section 101(a)(15)(e) of the INA by specific legislation. A listing of countries with whom the U.S. currently has treaties can be downloaded from the State Department’s Foreign Affairs Manual (you will need to click on 9FAM 41.51 Exhibit 1 to obtain the correct list).

Note: There is no petitioning process for the E categories. If outside of the U.S., the alien may apply for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad. If the alien is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment.

For the alien to visit the U.S. temporarily for trading or investing purposes, the requirements outlined at 8CFR 214.2(e) must be met. Potential applicants are also encouraged to consult Department of State regulations at 22CFR 41.51.

A brief summary of the requirements for E-2’s follows.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of an E-1 or E-2 alien will be admitted under the same classification as the principal. The dependent spouse and child(ren) are not required to have the same nationality as the principal alien.

E-2 Treaty Investor

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.