E-2 Visa For Traders And Treaty Investors
Certain countries have trade agreements with the United States that allow foreign nationals from countries to apply for a visa. A Treaty Trader is eligible for an E-2 visa if they are engaged in substantial trade between the treaty country and the United States, such as trade in services or technology, or is involved in the development and direction of substantial capital for trade.
Treaty Trader Requirements For E-2 Visa
For a Treaty Investor to be granted an E-2 visa, they must meet certain requirements. The investment must be substantial in the United States. It must be of sufficient value to guarantee the venture’s success. The venture must be a functioning business, not a speculative or ineffective investment. Any funds held in a bank or other security that are not a part of a legitimately operating business will not be considered an investment and will not satisfy the requirements for an E-2 visa.
Family And E-2 Visa
Your family, which includes your spouse and unmarried children under 21 years old, can apply for visas to accompany a Treaty Investor. The spouse can also apply for employment authorization so that they are legally able to work in the U.S. during the term of the visa once approved. Dependent children of the main visa holder will not be granted authorization to work.
Extending A Treaty Investor Visa
An expert immigration attorney at Garcia & Phan will assist you in submitting the application and all necessary supporting documentation. This will ensure no delays or denials resulting from errors or a failure to submit the required documentation. Any attempt to obtain a visa by knowingly misrepresenting the facts runs the risk of failure, resulting in a permanent visa denial or inability to enter the United States. If you are unable to obtain a visa following the regulations of the current immigration law but meet the requirements for an E-2 visa, you may be able to request a waiver of ineligibility to solve this problem.
CONTACT US NOW
100% Free Consultation
IMMIGRATION LAW
AREAS OF EXPERTISE
AREAS OF EXPERTISE
Our Expertise
5-Star Rated Immigration Law Firm Helping You Achieve The American Dream Of Citizenship. Contact E-2 Visa Lawyer Today!
How To Apply For An
E-2 Visa?
It is of the utmost importance that all of the paperwork that is presented is accurate. It is strongly suggested that you seek assistance by getting in touch with the Immigration Law Office of Garcia and Phan. You will be assisted by a Garcia Phan immigration attorney from the firm in submitting the application as well as all of the supporting evidence that is required. This will ensure that there are no delays or denials caused by errors or a failure to provide the appropriate documentation. Any attempt to secure a visa by deliberately misrepresenting the facts runs the risk of failing miserably, which could result in the permanent denial of a visa or the inability to enter the United States. If you are unable to obtain a visa in accordance with the regulations of the current immigration law, but you do meet the requirements for an E-2 visa, it is possible that a waiver of ineligibility could be requested in order to solve this problem.
- The person must be a citizen of a country with the requisite treaty with the United States. For example, Colombia has the requisite treaty with the United States so that Colombians may apply for E-2 visas.
- The person must make a “substantial” investment in the United States.
- The investment must not be “marginal”.
- An investment is not marginal if either: (a) The investment will earn a profit more than enough to provide a “minimal” living for the investor or his family or (b) It will make a significant economic contribution. “Significant economic contribution” is not directly defined in the regulations but has generally understood to mean that it will create employment for U.S. workers.
- Finally, the investor must “develop and direct” the operation of the enterprise. This requirement also means that the investor must have a controlling interest in the enterprise.
Most Reliable Immigration Lawyers With Effective Outcomes
Experienced California Immigration Attorneys Uniting Families And Loved Ones From Across The Nation And Around The World
Investment Visa
Immigration Services
Other Service
E-2 Investment Visa FAQ
The E-2 visa, also known as a treaty investor visa, is a nonimmigrant visa that enables those who have established a business in the United States or are in the process of doing so to get legal status so that they may work there.
The person must be a citizen of a country with the requisite treaty with the United States. For example, Colombia has the requisite treaty with the United States, so Colombians may apply for E-2 visas.
The person must be making a “substantial” investment in the United States.
The investment must not be “marginal”. An investment is not marginal if either: (a): the investment will earn a profit more than enough to provide a “minimal” living for the investor or his family or (b): will make a significant economic contribution. “Significant economic contribution” is not directly defined in the regulations but has generally understood to mean that it will create employment for U.S. workers.
Finally, the investor must “develop and direct” the operation of the enterprise. This requirement also means that the investor must have a controlling interest in the enterprise.
Substantial” does not mean a particular dollar amount. Rather, substantial is defined in the regulations to mean that the investment must pass the proportionality test.
- First, the amount invested must be appropriate to the type of business in which the person is investing. This will differ widely depending on the type of business – an investment of $50,000 to open a consulting company might be appropriate if you demonstrate that that amount is sufficient to establish such an office. On the other hand, an investment of $1 million to open a large manufacturing plant might not be sufficient since opening a large manufacturing plant costs far more than $1 million.
- Second, the investor must invest an appropriate percentage of the funds necessary to pursue the business, which will be determined based on the size of the investment amount. For example, the Department of State has indicated that for an investment amount of $100,000.00, he would have to be investing at least 75% of that amount, and for a business costing $500,000.00, he would have to invest at least 60%.
No. The money must be spent or otherwise “at risk” to be an investment. Money held in a bank account does not count as an investment except to the extent required for the business’s day-to-day cash flow needs.
That depends on where the person is living. A citizen of Colombia living in Colombia would normally have to apply for an E-2 visa at the U.S. Consulate in Bogota, Colombia. However, if one is physically present in the United States, one has considerably more flexibility. If one is maintaining a legal nonimmigrant status, for example, as a business visitor, then one may apply to the U.S. Citizenship and Immigration Services (from now on, “USCIS”) to change one’s immigration status in the United States to E-2.
Hear From Our Clients
Highly Trusted Immigration Attorneys In Southern California
How can we help?
ContactUs
