|
|
|
|
 |
| |
|
|
| If you are not an Attorney or Third-Party
Service Provider and like to start an immigration case, please use VisaPro.com. |
|
|
The E2 Treaty Investor visa
allows nationals from countries that have treaties of commerce and navigation or bilateral
agreements in effect with the U.S., to enter the U.S.
for the purpose of directing and developing the operations
of an enterprise they have invested in, or are in the
process of investing a substantial amount of capital.
Eligibility Criteria
An alien may be classified as a nonimmigrant treaty investor
(E2) if the alien:
- Has invested or is actively
in the process of investing a substantial amount of
capital in a bona fide enterprise in the United States,
as distinct from a relatively small amount of capital
in a marginal enterprise solely for the purpose of
earning a living;
- Is seeking entry solely
to develop and direct the enterprise; and
- Intends to depart the
United States upon the expiration or termination of
treaty investor (E2) status.
Investment:
An investment is the treaty investor's placing of capital,
including funds and other assets (which have not been
obtained, directly or indirectly, through criminal activity),
at risk in the commercial sense with the objective of
generating a profit. The treaty investor must be in possession
of and have control over the capital invested or being
invested. The capital must be subject to partial or total
loss if investment fortunes reverse. Such investment capital
must be the investor's unsecured personal business capital
or capital secured by personal assets.
Capital in the process of
being invested or that has been invested must be irrevocably
committed to the enterprise. The alien has the burden
of establishing such irrevocable commitment. The alien
may use any legal mechanism available, such as the placement
of invested funds in escrow pending admission in, or approval
of, E classification, that would not only irrevocably
commit funds to the enterprise, but might also extend
personal liability protection to the treaty investor in
the event the application for E classification is denied.
Bonafide enterprise: The enterprise must
be a real, active, and operating commercial or entrepreneurial
undertaking which produces services or goods for profit.
The enterprise must meet applicable legal requirements
for doing business in the particular jurisdiction in the
United States.
Substantial amount of capital:
A substantial amount of capital constitutes an amount
which is:
- Substantial in relationship
to the total cost of either purchasing an established
enterprise or creating the type of enterprise under
consideration;
- Sufficient to ensure the treaty
investor's financial commitment to the successful
operation of the enterprise; and
- Of a magnitude to support the
likelihood that the treaty investor will successfully
develop and direct the enterprise. Generally, the
lower the cost of the enterprise, the higher, proportionately,
the investment must be to be considered a substantial
amount of capital.
Marginal enterprise:
For treaty investor purposes, an enterprise may not be
marginal. A marginal enterprise is an enterprise that
does not have the present or future capacity to generate
more than enough income to provide a minimal living for
the treaty investor and his or her family. An enterprise
that does not have the capacity to generate such income,
but that has a present or future capacity to make a significant
economic contribution is not a marginal enterprise. The
projected future income-generating capacity should generally
be realizable within 5 years from the date the alien commences
the normal business activity of the enterprise.
Duration of Stay
A treaty investor may be admitted for an initial period
of not more than 2 years. Requests for extensions of stay
may be granted in increments of not more than 2 years.
Since there is no limit on the number of extensions, the
treaty investor can stay in the U.S. indefinitely.
|
|
| Call
us: |
| |
US: |
1-202-787-1944 |
| |
UK: |
44-20-8150
6197 |
| |
India: |
91-40-23316615 |
| Email
us |
|
|
|
| Get
a detailed, written
opinion online in
less than 3 business
days from a licensed
immigration attorney. |
|
|
 |
| |
 |
| |
|
|
|
|
|
|
|
