E-2 Treaty Investors & Essential Employee Visa Applications

 

E-2 Investors

 

Applicants from treaty countries seeking to open or purchase an active business in the U.S. with an investment level of  US$100,000 or more may be eligible to apply for the E-2 visa. In order to apply for the E-2, an applicant must:

 

• Be a citizen of treaty country

• Own 50% or more of the company

• Direct and control the comp

• Make a substantial (not marginal) investment

• Investment must be an irrevocable commitment

• Take steps to establish the business in the U.S. (secure office space, incorporate the business, etc)

• Plans to hire and employee staff

 

The spouses of E-2 visa holders are eligible to apply for unrestricted work permits to work in the U.S.

 

Because of the requirement that the business be “active” with intent to employ staff, purchase of residential real estate is NOT a sufficient basis to apply for an E-2.

 

Essential employees sharing the same citizenship as the primary owner

 

Employees of E-2 investors who hold key roles within the E-2 company also qualify for E-2 visas. To qualify as an essential employee you must show that:

 

• The company is owned (50%+) by a citizen of a treaty country. The owner must NOT hold another US visa status or be a permanent resident (green card holder) of the U.S.

• The employee holds the same citizenship as the owner.

• The employee is essential to the U.S. business.

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