E-2 VISA

While E-1 Visas are issued to individuals classified as "treaty traders", E-2 Visas are issued to foreign individuals who are defined as "treaty investors." A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

The purpose of an E-2 Visa is to enable the investors to come to the U.S. to engage in a substantial investment. The monetary amount of the proposed investment may be less than that demanded for the EB-5 ($500,000 to $1,000,000). However, if the investment becomes equal or greater than $500,000, the investor may petition for permanent immigration status.

The applicant's spouse and children under the age of 21 may come to the U.S. on the same status. The foreign employees that the applicant may employ may also apply for the E-2 Visa.

Procedures

Same as for an E-1 Visa.

Forms and Documents

To apply for an E-1 Visa, the following forms and documents should be submitted:

A completed visa application Form OF-156.
One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
A passport, valid for travel to the United States for at least six months longer than the intended visit.
Documents that establish that the applicant company is owned by foreign entities or nationals.
A letter from the applicant's employer describing the applicant's position and stating the qualification or specialized skills that the applicant possess, which are essential to the operation of the business in the U.S.
The following evidence or proof should also be provided:

The applicant's company meets the requirements of the law.
The trade is substantial; there should be a continuous flow of trade between the U.S. and the treaty country.
The applicant will leave the U.S. before the expiration of the E-2 Visa.
The investment must be of a "substantial" amount.
The investment and business must be active.
The applicant should provide a business plan or other documents to show the following:

What type of investment the applicant is engaged in.
The future prospects for the investment.
Other documents that establish the applicant's eligibility for the E-2 Visa.
The following is the list of countries for which the E-2 is available:

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia, Brunei, Canada, Republic of China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Slovenia, Spain, Surinam, Sweden, Switzerland, Thailand, Togo, Turkey, or the United Kingdom. (caution: the list may change from time to time)