How to get an investor visa in the United States (Investor Visa in the USA)

The E-2 investor visa is a permit granted to citizens of countries with which the United States has entered into a trade agreement. These visas allow investors to direct and develop their companies in the United States. However, it is necessary that the applicant has invested a significant amount of capital in a US company.

Requirements to apply for an E-2 visa

Nationality and treaty

In order to apply for an investor visa in the United StatesThe applicant must be a citizen of a country that has a trade and navigation treaty with the United States. This treaty must be in force and must include specific provisions regarding investment.

Great investment

The applicant must have invested, or are in the process of investing, a significant amount of capital in a bona fide business in the United States. There is no specific number that constitutes a “large” minimum investment. However, it is important that the investment is sufficient to ensure financial commitment to the business and supports the investor's likelihood of success in developing and managing the business.

Royal Trading Company

The business in which investment is made must be a real, active and operating commercial enterprise. The goods or services must be produced for profit and meet the legal requirements for doing business in the jurisdiction in question.

More than marginal

An investment company cannot be “marginal”. This means that it must have the current or future ability to generate income greater than what is necessary to provide a minimum standard of living for the investor and his or her family.

Development and management

The applicant must seek to enter the United States solely for the purpose of developing and managing an investment business. This is proven by showing ownership of at least 50% of the company or having operational control through a management position or any other corporate device.

Apply for an E-2 visa

Form I-129

If a treaty investor is currently in the United States in lawful nonimmigrant status, they can file Form I-129 to request a change of status to E-2 classification. The same process applies if the requested employee is currently in the United States in lawful nonimmigrant status, the eligible employer may file Form I-129 requesting a change of status to an E-2 classification on behalf of the employee.

Apply for a visa abroad

It is not possible to apply for E-2 classification on Form I-129 if you are physically outside the United States. Instead, you will need to consult the US Department of State website for more information on how to apply for an E-2 nonimmigrant visa abroad. Once the visa is issued, the person may apply for admission at a U.S. port of entry as an E-2 nonimmigrant.

Period of residence and work

Investors and employees who qualify under the treaty will have a maximum initial residency of two years. Requests for an extension of stay or change of status to an E-2 classification may be granted in phases of up to two years each. There is no limit to the number of extensions that can be granted to E-2 nonimmigrants. However, all E-2 nonimmigrants must maintain their intent to leave the United States when their status expires or is revoked.

A treaty investor or employee can only work in the activity for which they were approved at the time the classification was granted. However, an E-2 employee can also work for the parent company of the treaty organization or one of its affiliates, as long as certain requirements are met.

Material Changes and Notices

Any substantive changes to the terms and conditions of E-2 status must be approved by USCIS. A “substantial change” is defined as a substantive change in the essential characteristics of the employer, which will affect the alien's eligibility for Classification E. When there is a substantive change, USCIS must be notified by filing a new Form I-129.

Family investors and employees under the E-2 treaty

Treaty investors and employees may accompany or follow spouses and unmarried children under the age of 21. Spouses and children may apply for E-2 nonimmigrant classification as dependents and, if approved, will generally be granted the same period of residency as an employee.

Spouses of workers with E-2 status are allowed to work, with some exceptions. They can obtain an Employment Authorization Document (EAD) and submit it to employers as proof of identity and work authorization.

Conclusion

Obtaining an investor visa in the United States involves fulfilling a series of requirements and submitting the appropriate documents. It is essential to seek advice from an immigration lawyer to ensure that all criteria are met and the application is submitted effectively.

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