E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Making an E-2 visa investment allows you, the financier, to enter the U.S. on account of the business that benefits from your capital.
However, while there are many advantages to having an E-2 visa, each has a specific investment requirement. Be sure to take these factors into account as you consider making an E-2 visa investment.
Speak with a qualified VisaNation E-2 Investor visa attorney
Top 6 E-2 Visa Benefits
1. You can work legally in the U.S. for a company that is the subject of your investment.
One of the main E-2 visa advantages is that you can conduct business legally within the United States and also be employed by that business. Whether the company is pre-existing or you’re just starting up, you must play a vital role in the business.
As proof, you need to show that you will be developing and directing the E-2 visa investment. You can do this by demonstrating ownership of at least 50% of the enterprise or by having significant operational control through a managerial position.
You can demonstrate this by providing a list of all owners and their percentage of ownership, and it should be signed by all owners to show that you possess a controlling interest in the business.
2. There is no minimum investment amount that is required.
The U.S. government does not specify a minimum or maximum amount for an E-2 visa investment. However, your investment must be a substantial amount and you must not be able to withdraw your funds.
The definition of a substantial amount is not quantified by U.S. government regulations. However, the rule of thumb is that capital investment should be proportionate to the nature of the business. We have seen a wide range of scenarios, including approvals for investments of only $50,000. At the end of the spectrum, an investment of $100,000 does not guarantee approval if the business necessitates a higher investment.
This is because the U.S. government is looking to approve businesses and grant E-2 visas to investors who are going to make a positive and significant impact on the U.S. economy. Businesses that require a smaller investment are deemed marginal and are not considered to have a great economic impact.
If you plan on providing an even more significant investment between $800,000-$1,050,000, you have the opportunity to become a permanent resident in the U.S through the EB-5 green card. By investing such a large amount, the government projects that your investment will create more job opportunities, thus benefiting the U.S. economy.
3. Your spouse can work under an E-2 dependent visa.
Spouses of E-2 investors may work in the United States and are not required to pay any additional fees or file any paperwork, as the work authorization is “incident to status.” An unexpired Form I-94 reflecting the status E-2S is acceptable as evidence of employment authorization.
4. Your children under 21 can attend a school of your choice with an E-2 dependent visa.
Children under 21 may not qualify for a work visa, but they can pursue higher education. They will then be able to apply for other non-immigrant visas to work after seeking a degree.
Usually, children would have to file for an F-1 visa, which only allows the child to attend the school in which the visa was approved. However, there are many more options with an E-2 dependent visa.
After the child has reached 21, they can no longer stay in the U.S. under an E-2 dependent visa. They will then have to apply for their own visa, which can permit them to stay in the U.S. to continue school and/or begin to work.
5. You can travel freely in and out of the U.S.
As long as your E-2 treaty trader visa stamp is valid, foreign investors and their dependents can enter and exit the United States freely for travel purposes.
However, if your stamp expires, you will need to attend a consular appointment in your country of nationality to renew the visa stamp before you can re-enter.
6. You can stay indefinitely.
E-2 visa holders maintain their E-2 status for two-year increments and can request an extension of stay an unlimited number of times. Essentially, you can reside and conduct business in the U.S. for as long as your extensions are approved. You can do this without being a green card holder or a U.S. citizen.
Because children and spouses are often granted the same period of stay as E-2 visa holders, they too will need to apply for an extension. This must be done prior to the expiration of their E-2 dependent visa to remain in the U.S.
According to USCIS, E-2 treaty trader visa holders may apply to extend stay if:
- You were lawfully admitted into the United States with a non-immigrant visa
- Your non-immigrant visa status remains valid
- You have not committed any crimes that make you ineligible for a visa
- You have not violated the conditions of your admission
- Your passport is valid and will remain valid for the duration of your stay
