E-2 TREATY INVESTOR VISA CLASSIFICATION

The E-2 treaty investor visa allows a business person to come to the U.S. for the purpose of furthering a substantial investment in a U.S. enterprise made by individuals or businesses that are citizens of a treaty country.

In order for the business person and the company to qualify for an E-2 visa, they must meet the following requirements:

• The investor, either a real or corporate person, must be a national of a treaty country.
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

At this time, the U.S. maintains an E-2 treaty of commerce and navigation with the following countries: Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan (includes Bonin and Ryukyu Islands), Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain (applies to all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia).