E-2

E-2:

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

 

An E-2 must demonstrate possession and control of funds and the ability to develop and direct the investment enterprise. Capital in the process of being invested or that has been invested must be placed at risk and be irrevocably committed to the enterprise. The enterprise must be real, active and operating commercial or entrepreneurial undertaking that produces services or goods for profit. The investment must be substantial and the funds must not have been obtained, directly, or indirectly, from criminal activity. The enterprise must be more than marginal, i.e. must generate more than the minimum needed to sustain and support the foreign national beneficiary.

 

Documents needed fall into 4 categories:

 

1. Evidence of ownership and nationality

 

2. Evidence of substantial investment

NOTE: If this is a start-up business then a detailed Business Plan stating 5 year projections for the company is essential in addition to as much documentation as possible from the above list. A good Business Plan is probably the most important part of a successful E visa application.

 

3. A description of executive or supervisory duties or special qualifications that are essential to the success of the enterprise

 

4. Immigration status documents

 

If married please also provide a copy of marriage certificate and the same documents listed in category 4 for each immediate family member.

Relevant Article:

The E-2 Visa for Foreign Investors in the United States

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Matthew

Kolodziej

Partner

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Joseph Hamel

Senior Associate

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