An E2 Treaty Investor visa allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification. See below for more details.

Some of the various E2 Treaty Investor Visas that we handle:

  • E2 Treaty Investor Visas for Gas StationsUS flag between tall city buildings
  • E2 Treaty Investor Visas for Restaurants
  • E2 Treaty Investor Visas for Hotels
  • E2 Treaty Investor Visas for Grocery/Convenience Stores
  • E2 Treaty Investor Visas for Software companies

Why Should I Hire and E2 visa attorney?

Applying for an E2 visa is a complex process. Our immigration attorneys can assist you with every step of the process, including creating a company, one of the requirements for the visa, creating an immigration business plan, which is different than a business plan you would make for a bank, ensure that all of the required documents are sent with the application, and more.

General Qualifications of a Treaty Investor

To qualify for E2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise.

General Qualifications of the Employee of a Treaty Investor

To qualify for E2 classification, the employee of a treaty investor must:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
  • Meet the definition of “employee” under relevant law
  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Period of Stay

Qualified treaty investors and employees will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E2 non-immigrant may be granted.  All E2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

Terms and Conditions of E2 Status

A treaty investor or employee may only work in the activity or business for which he/she was approved for at the time the classification was granted.  An E2 employee, however, may also, under certain conditions, work for the treaty organization’s parent company or one of its subsidiaries.

Family of E2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee.  These family members may seek E2 non-immigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

Frequently Asked Questions

1. What is an E2 Treaty Investor Visa?

An E2 Treaty Investor visa permits a national from a treaty country to enter the U.S. after making a significant investment in a U.S. business. Specific employees of the investor or a qualifying organization might also be eligible under this classification.

2. What Types of Businesses Qualify for the E2 Treaty Investor Visa?

Various businesses can qualify, including gas stations, restaurants, hotels, grocery/convenience stores, and software companies, among others.

3. Why is Hiring an E2 Visa Attorney Beneficial?

The E2 visa application process is intricate. An E2 visa attorney can guide you through every step, from company creation (a visa requirement) to crafting an immigration-specific business plan, ensuring all necessary documents accompany the application, and more.

4. What are the General Qualifications for a Treaty Investor?

The treaty investor must be a national of a country that has a commerce and navigation treaty with the U.S., must have invested or be actively investing a substantial capital amount in a genuine U.S. enterprise, and must be entering the U.S. solely to develop and oversee the investment enterprise.

5. Can Family Members Accompany E2 Treaty Investors?

Yes, treaty investors and their employees can be joined or followed by spouses and unmarried children under 21. The family members’ nationalities don’t need to match the treaty investor or employee. These family members can seek E2 classification as dependents and, if approved, will typically receive the same stay duration as the primary visa holder.