The E-2 Treaty Investor visa allows nationals of treaty countries to enter the U.S. when they invest a substantial amount of capital in a bona fide U.S. enterprise that they will actively direct and develop.
The investment must be substantial relative to the total cost of the enterprise, and the funds must be at risk and committed, not merely a paper transaction. The business must be more than marginal - it must generate significantly more income than needed to support the investor's family or have a present or future capacity to expand the U.S. economy.
Applicants file Form DS-160 with supporting evidence of the investment, business plan, and source of funds; employees of the treaty enterprise may also qualify with proof of their essential role.
E-2 status is typically granted for up to two years and can be renewed indefinitely as long as the investment enterprise remains operational.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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