Citizens of a foreign country who wish to enter and work in the United States to control an investment will need a non-immigrant work visa.
The E2 Treaty Investor visa category is available to nationals of foreign countries where a treaty of commerce and navigation exists between the United States and the foreign national’s country. These treaties exist between the United States and more than 80 participating countries.
For advice on whether you are eligible – or for assistance with preparing and applying for – an E2 investor visa, , contact the team at Rooney Nimmo today.
Understanding the E2 Visa Requirements
To qualify for an E2 visa, an applicant must seek to enter the US pursuant to substantial investment in a US commercial enterprise. Corporate entities seeking to apply for an E2 visa must be at least 50% owned by nationals of the applicable treaty country.
Other qualifications for an E2 visa include:
- The applicant must be employed in an executive, managerial, or “essential employee” capacity. An employee may meet the “essential employee” classification if they possess specialized skills and that are essential to the operation of the enterprise. To determine whether an employee meets this classification, factors such as the experience and training necessary to achieve such skills, the uniqueness of such skills, the availability of U.S. workers with similar skills, and the function of the job are considered, to name a few.
- The applicant must have invested, or be actively investing, a substantial amount of “at risk” capital in the US enterprise. The investment must be substantial enough to ensure the treaty investor’s financial commitment to the successful operation of the enterprise,
- The US enterprise must be “a real and active” commercial enterprise. This means that the enterprise must be actively engaged in business operations or will be in a position to commence operations upon issuance of the E2 visa.
- The enterprise must be “more than marginal,” meaning that the business has the present or future capacity to generate enough income to support more than a minimal living for the investor and their family and to make a significant economic contribution in the U.S.
- The treaty investor must be in a position to “develop and direct” the US enterprise.
Beyond meeting these requirements, you must provide the appropriate documentation, including corporate formation documents, corporate records such as stock certificates and tax filings, and as mentioned above, proof that the enterprise is at least 50 percent owned by the treaty company’s foreign nationals. Rooney Nimmo can help you prepare the documentation and determine whether you are eligible for the E2 visa or if another visa fits your situation better.
Get Legal Advice with Rooney Nimmo
At Rooney Nimmo, our international corporate law team offers legal advice and solutions to help investment fund clients and others meet their business objectives. We can help you understand the latest visa updates and the current requirements for E2 visas.
Besides helping you apply for your visa, we can also keep you informed of any changes to the visa qualifications and other new regulations, including changing tax laws and country agreements.
If you want to better understand what you need to apply for, renew, or extend your visa, contact us today.