Requirements for the US E-2 Treaty Investor Visa

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Requirements for the US E-2 Treaty Investor Visa

2/2/2021 8:00:00 AM

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Investors can enter the United States through only a few investment visa programs. Each of these programs is designed for a specific category of investors and tries to attract a unique group of wealthy or talented entrepreneurs to the United States. Arguably the most attractive program, the E-2 visa is the most beneficial and affordable option, allowing for investors who want to spend substantial time in the United States to control and run their business.

1. Who can apply for an E-2 visa

Like other investor visa programs for the United States, there are specific criteria that an applicant should meet before application.

Before applying for an E-2 Visa, the applicants should check if their country of citizenship is listed in the eligible countries, which determines whether they are authorized to apply for this program or not. The US E-2 Treaty Investor Visa is for citizens of countries that have a treaty agreement with the United States. In the table below, you can find your country of citizenship and the types of visa that you can apply for.

Table 1. List of the countries having a treaty with the United States and the types of visas that the citizens are allowed to apply for.

Country Name	Visa Scheme
Country Name	E-1	E-2	E-3	Total
New Zealand	1	1		2
Turkey	1	1		2
Singapore	1	1		2
Argentina	1	1		2
Macedonia	1	1		2
Australia	1	1		2
Paraguay	1	1		2
Austria	1	1		2
Sweden	1	1		2
Belgium	1	1		2
Liberia	1	1		2
Bosnia and Herzegovina	1	1		2
Montenegro	1	1		2
Canada	1	1		2
Oman	1	1		2
Chile	1	1		2
Poland	1	1		2
China (Taiwan)	1	1		2
Spain	1	1		2
Colombia	1	1		2
Thailand	1	1		2
Costa Rica	1	1		2
Yugoslavia	1	1		2
Croatia	1	1		2
Luxembourg	1	1		2
Estonia	1	1		2
Mexico	1	1		2
Ethiopia	1	1		2
Netherlands	1	1		2
Finland	1	1		2
Norway	1	1		2
France	1	1		2
Pakistan	1	1		2
Germany	1	1		2
Philippines	1	1		2
Honduras	1	1		2
Serbia	1	1		2
Ireland	1	1		2
Slovenia	1	1		2
Israel	1	1		2
Suriname	1	1		2
Italy	1	1		2
Switzerland	1	1		2
Jordan	1	1		2
Togo	1	1		2
Korea (South)	1	1		2
United Kingdom	1	1		2
Kosovo	1	1		2
Latvia	1	1		2
Japan	1	1		2
Tunisia		1		1
Jamaica		1		1
Bangladesh		1		1
Denmark	1			1
Kazakhstan		1		1
Ecuador		1		1
Denmark		1		1
Egypt		1		1
Slovak Republic		1		1
Moldova		1		1
Albania		1		1
Mongolia		1		1
Bolivia		1		1
Armenia		1		1
Ukraine		1		1
Morocco		1		1
Senegal		1		1
Brunei	1			1
Australia			1	1
Bulgaria		1		1
Congo (Brazzaville)		1		1
Cameroon		1		1
Sri Lanka		1		1
Georgia		1		1
Congo (Kinshasa)		1		1
Azerbaijan		1		1
Bolivia	1			1
Panama		1		1
Trinidad & Tobago		1		1
Greece	1			1
Kyrgyzstan		1		1
Grenada		1		1
Czech Republic		1		1
Bahrain		1		1
Lithuania		1		1
Romania		1		1
Grand Total	54	81	1	136

Depending on the country of citizenship, this visa can be issued for up to 5 years and is renewable indefinitely.

Another advantage of this visa is that it can also be issued for the highly-skilled staff of the company which have the same nationality as the main applicant and take a supervisory role in the company’s management.

A third group that can take the advantage of this visa program are the founders of startup companies. Although there is no specific minimum amount of investment needed to take advantage of this visa in the United States, the startup owners should be able to prove that they have deposited the required amount of money for commercialization and capitalization of their idea. USCIS uses an “inverted sliding scale” to evaluate if the minimum investment required is met by the allocated investment.

Applicants should know this is a nonimmigrant visa, which means you must prove that you will not apply for permanent residence while you are in the US. However, you can apply for permanent residence at a US consulate outside of the US.

2. Benefits of an E-2 visa:

Up to now, the minimum requirements for eligibility in this program have been mentioned. In this section, we are going to talk about the costs, legal requirements, the process of issuing and renewal of the residence, changes in the status, and steps to entry to the United States.

2.1. Family members inclusion:

The E-2 visa is the main investment visa in the United States and is not subject to any quotas. This means that no maximum allowed visas are defined for this program. The E-2 visa is usually issued for 2 to 5 years and, through this visa, the applicants can bring their spouse and children under 21 years old with them to the United States. Spouse and unmarried children under the age of 21, regardless of nationality, can obtain an E-2 visa dependent on the main applicant.

2.2. The most affordable investor visa program:

When compared to the different immigration options to the United States, an E-2 investment visa is quite affordable. In some cases, even a partial acquisition of a successful business, an investor can immigrate to the United States. This option is suitable for those who do not have enough money to invest in the United States through other programs like the EB-5 visa.

The E-2 visa can be a great option to enter and do business in the US, however it is a nonimmigrant visa. This means that the visa is temporary, thought renewable indefinitely, and valid as long as the company exists.

2.3. The ability to study and work for the applicant and the family

The spouse of the E-2 visa holder can live and work in the U.S., and the dependent children can attend U.S. schools, and for some, even obtain in-state tuition.

3. Requirements for obtaining the US E2 visa:

There is no minimum investment amount for applying for an E-2 investment visa. The investment requirement needs to be “substantial” to the business. We suggest at least $200,000 for a successful application. If you purchase a business or own at least 50% and are able to prove your ability to manage and direct it, then you meet the most important requirements for this visa.

Having previous managerial work experience in your background can lead to a successful application.

The list of additional documents that you need for this visa are:

Online completion of Form DS-160 (Nonimmigrant Visa Electronic Application).
Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E completed and signed, for executives/managers/essential employees.
A passport with the minimum validity of six months from the planned time of leaving the United States.
Form DS-160 application for any other children mentioned in your passport.
One 2-by-2-inch (5-by-5-cm) photograph.
A business plan, which proves that your planned business can make enough revenue for the whole period of stay of the applicant in the USA.
Business registration for the United States business.
Proof of wire transfer.
Proof of source of income.
Proof of intent to return to your country.

After all these requirements and documents have been submitted, you will have a meeting at the embassy or consulate of the United States, in which you will be interviewed about the reasons for your journey.

An E-2 visa is one of the best and most cost-effective options to legally enter the United States and provides the enormous advantage of doing business in one of the economic powers of the world. Moreover, the United States is one of the few countries that has not signed up to the CRS. If you want to apply to an E-2 visa, please contact our experts at Mundo.