People Throughout the USA and the World
E-2 Visa – Treaty Investor
This is a visa limited to citizens to certain countries. See the list of countries (2023)
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.
What Is Substantial?
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. The amount of the investment should be enough so that the business will likely succeed
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 investment must be “at risk” in the commercial sense. So it is not possible to obtain a loan that is secured by the assets in the business.
The investor must have control. Control may be 50% of the enterprise and someone else may have 50%. This is in order as long as there must be agreement on all decisions.
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 or
(2) It must have a substantial economic impact in the USA.
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.
The investor is coming to the USA solely to develop and direct the enterprise; and
Intends to depart from the United States upon the termination of E-2 status.
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.
A spouse of a treaty investor may obtain work authorization.
“I have been working with Leon for at least 15 years on various immigration issues. E2 Visa’s, Green card etc. Without any doubt in my mind without him, I would have been lost and entangled in the never ending government web that is immigration! Leon, is extremely knowledgeable in all aspects of Immigration Law, He is personable, understanding, forthright and most importantly superbly good at what he does! I have come to consider Leon a good friend, which is a great deal more than I can say for all the other Lawyers I get to deal with in business. I recommend him with complete confidence. If you want your immigration needs dealt with professionally quickly and with a positive outcome you need look no further. ”
“I’m a businessperson who has owned different businesses both in the U. S. and abroad, so I’ve worked with many lawyers in different areas of the law.
When I started my first business in the USA in 1995. I needed to get visas for my family and myself, incorporate my business and enter into new contracts. I retained Leon for his Immigration, Corporate and Business legal services and since then we’ve worked together on different issues.
Leon is knowledgeable and explains complex legal issues in easy to understand terms. In my Immigration petitions he was thorough and creative in presenting the facts of my case in a convincing way.
In corporate and contract law his experience shines through. He raises issues that can impact his clients interests and then finds appropriate solutions.
What especially impresses me about Leon is that he has a determined and caring interest in the outcome of each case. He truly cares.
I’ve had no hesitation in referring family, friends and business associates to him for their legal representation.”
“Leon Snaid handled the Visa issues for myself and all my staff when we established our new company in San Diego. When you have to thread your way through the byzantine labyrinth that is the Immigration process it is important to have a guide who not only has a map, the rule book, but who has also taken the journey. “
Leon has also been invaluable for general business advice and even helped on family law matters. Anyone who wants caring, competent counsel should consult Leon.
San Diego & Sydney
Get in Touch
- 1 Experience Matters
- 2 Caring for You
- 3 We Fight for You!