Nonimmigrant Visas for Business Investments in the United States
Qualified individuals who intend to create, develop or manage significant business operations and investments in the United States can apply for an E-2 treaty investor visa. Eligibility typically depends first on the existence of a treaty of friendship, commerce and navigation or a bilateral investment treaty between the U.S. and the applicant's country of origin. Then the applicant must meet a stringent set of criteria demonstrating an interest and practical capacity to engage in substantial business at the applicant's own investment risk.
Contact Robert Brown LLC for advice about the E-2 visa application process and the best ways to meet the reporting obligations that may be necessary to prove the substantial and ongoing nature of the business investment after arrival. With offices in Cleveland, Orlando and Raleigh-Durham, our attorneys offer comprehensive counsel on E-2 treaty investor issues throughout the U.S. and around the world.
The eligibility criteria for the E-2 visa present a high threshold, and are designed to test the genuine, ongoing and fully committed nature of the proposed business investment. The E-2 visa application must demonstrate:
- Commercial or investor treaty relations between the U.S. and the country of origin
- Investment sufficiently substantial to ensure the success of the enterprise
- Active as opposed to passive or speculative investment in genuine business operations
- Investment at a level sufficient to capitalize the operations beyond subsistence
- Actual control of the investment on the part of the applicant
- Substantial commitment as shown by the nature and level of business risk assumed by the treaty investor
- Active engagement with the investment through entrepreneurial, executive, managerial or high-level professional functions.
E-2 treaty investor visas can be available for key management and professional personnel as well as principal investors. Spouses and children of E-2 visa holders can also apply for entry. The initial length of stay under an E-2 visa is generally determined by the terms of the relevant treaty, but cannot exceed 5 years. The treaty investor visa can be renewed as long as the holder continues to meet the criteria.
Nationwide and Worldwide Client Service for Treaty Investors
To learn how our lawyers can guide you through the E-2 visa application or renewal process, contact Robert Brown LLC in Ohio, Florida or North Carolina.
