Non Immigrant Visas

E-2 For Investors

Requirements

E-2 Visa Requirements for Investors

  • Trade agreements: There must be a trade and navigation agreement between the applicant’s country and the United States.
  • Nationality: The investor and/or business must have the nationality of the treaty country.
  • Capital investment: Funds must be at risk and committed to the investment.
  • Active company: The company must be a real and operational commercial company.

Requirements

Employee requirements for the E-2 visa:

  • Nationality of the employee: Must share the same nationality as the principal foreign employer.
  • Employee definition: Must meet the legal definition of an "employee."
  • Role: You must have an executive, supervisory position, or have special qualifications if you are in a minor role.
  • Ownership: If the employer is not an individual, it must be at least 50% owned by US people. with the nationality of the country of the treaty in the status of non-immigrant treaty investor.

E-2 status

Change of Status to E-2

  • If the treaty investor is currently in the United States with a legal nonimmigrant status, he may file an application to apply for a change of status to the E-2 classification.

E-2 classification

Obtaining E-2 Classification from Abroad

  • To qualify for E-2, apply to a U.S. consulate if you’re abroad or in the U.S. . in a status with no option to change.
  • Each consulate has different procedures, and the E-2 visa can last up to 5 years, but admission upon return to the U.S. is for up to two years.
  • There is no limit on E-2 status extensions, but you must intend to leave when it expires.
  • When traveling abroad, you usually automatically get two years of readmission upon return.

E-2 Status Terms and Conditions

Under E-2 status, work is only allowed in the initially approved activity, although E-2 employees may work for the parent or subsidiary company if certain requirements are met.

Family benefits

Family members (spouses and children under 21) of investors and E-2 employees can obtain the same E-2 classification. They can apply for status changes or extensions if they are in the U.S. Spouses can work without employment restrictions.

Our visas

H-1B for Professionals
L-1A for Executives and Managers
L-1B for Specialized Knowledge
E-2 for Investors
E-1 for Traders
E-3 for Australians
0-1 for Extraordinary Ability in the Arts, Business, Education, Science
P-1 for International Recognized Athletes
0-1 for Extraordinary Ability in Television and Film Industry
0-1 Visa for Athletes
P-1 for Entertainment Groups
F-1 for Student
TN for Mexicans and Canadians

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Moreno Diaz Law Firm represents companies as well as individuals undergoing the U.S. immigration process. Our practice is exclusively in the are of U.S. immigration law.

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