Nonimmigrant Investors (Treaty Investors—E-2)
The E-2 category visa is useful for individuals who will live in the United States for extended periods of time to oversee an enterprise that represents a major investment in the United States. The “E” category was established to give effect to treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country, or who conduct trade between the two countries. (E-1 treaty trader status is not discussed here.) Persons who are citizens of a country with such a treaty who make a substantial investment in the United States and are coming to the U.S. to manage and direct that investment, or who are a specially trained and highly qualified employee necessary for the development of the investment, are classified as E-2 treaty investors. Multiple investors of the same nationality can qualify for E-2 status based upon investments in the same enterprise. Treaty nationals must own At least 50% of the enterprise.
An E-2 beneficiary can confer E-2 status on his or her spouse and dependent children. Significantly, spouses of the E-2 investor can apply for work authorization.
In addition to holding citizenship within a treaty country, applicants for a treaty investor E-2 visa must satisfy three key requirements in addition to providing an essential role to the enterprise. Specifically, the investment must be active, in other words, at risk; the investment must be substantial; and the investment cannot be marginal; it must be larger than one that will only support the investor and his or her family.