Treaty
Investor Visa (E-2)
This
visa applies to traders who are citizens of certain
countries. [Click
here for List of Countries]
The
investor must show that he/she has either made or is
actively in the process of making a substantial investment
in an enterprise. The enterprise must be a business.
It cannot, for example, be an expensive house.
a.
At the present time, there is no minimum dollar figure
established for meeting the requirement of "substantial"
investment. The Secretary of State may establish
a minimum amount but has not done so at this time.
b.
What is substantial is determined by what is called
the "relative/proportionality test."
The
Test is: (i) the amount invested weighed against the
total cost of purchasing or creating the enterprise;
(ii) the amount normally considered sufficient to ensure
the investor's commitment to the successful operation
of the enterprise; and (iii) a magnitude of investment
to support the likelihood that the investor will successfully
develop and direct the enterprise.
The
consular officer will focus on the type of business
to determine the total amount of investment reasonably
needed to establish such a business. For example,
the total amount of money needed to start a consulting
service will be much less than to open a food processing
plant.
In
businesses requiring smaller amounts of investment (e.g.
service-oriented businesses), the treaty investor must
contribute a very high percentage of the total investment,
whereas in businesses requiring a larger total investment,
the percentage may be less.
The
amount of the investment at the time of the application
is relevant. In other words: what amount of
money is at risk at that time? Future investment
is not considered.
THE
ENTERPRISE CANNOT BE MARGINAL
(1)
An applicant is not entitled to E-2 classification if
the investment, even if substantial, will return only
enough income to provide a living for the applicant
and his family.
(2)
If the applicant has substantial income from other sources
and does not rely on the investment enterprise to
provide a living, the investment would be considered
as one of risk and not one of providing a mere livelihood.
The
employee must be an executive, manager or supervisor.
If employed in a minor capacity, the employee must have
special qualifications that are essential to the efficient
operation of the enterprise.
Period
of validity of the visa varies with each treaty
country. In some cases, it may be granted for
up to five years, with indefinite extensions.
Spouses
and minor children of E visa holders will also be granted
E visas, even if their nationality is not the same as
the principal E visa holder. However, they cannot
work in the U.S.
