E-2 TREATY INVESTOR VISA

REVIEW:

Long term temporary visa available to nationals of 60+ treaty countries who invest in a U.S. business. Investment must be enough to set up a viable business. Visa granted for up to 5 years at a time and renewable indefinitely so long as visa requirements continue to be met. REQUIREMENTS:

1.	Investor is a citizen of a treaty nation - see list of 60+ countries below
2.	Investor has committed a substantial sum to a U.S. enterprise
	a.	Must be enough to set up a viable business; no specified dollar figure although $100,000+ is a reasonable rule of thumb
	b.	May include equipment or inventory in investment as well as cash
	c.	Investment must be at risk; may not count borrowed funds that are secured by the U.S. business' assets
	d.	Investment must represent a sufficiently high proportion of the set-up or purchase cost e.g.. nearly 100% for a business that cost less than $100,000 to set up or purchase, 60% for a business costing $500,000, and a lower required proportion for more costly businesses
3.	Investor must control the business e.g.. at least 50% ownership interest
4.	Real and active business ready to open
	a.	U.S. business must produce a product or service; idle speculative investments will not qualify
5.	U.S. business must do more than provide investor and his family with a livelihood
	a.	Employ more U.S. workers
	b.	Generate more income than investor and family needs
	c.	Investor does not rely on business income because he/she has other assets and/or sources of income
6.	Certain employees are also eligible for E-2 visas
	a.	Executive and supervisory employees
	b.	Employees with essential skills
	c.	Visa may only be granted for 1 or 2 years if the essential skills are readily transferable to a U.S. worker
	d.	U.S. business is owned, directly or indirectly, by nationals of the same treaty country as the employee. Such owner(s) must either reside outside the U.S. or inside the U.S. in E status.
7.	Visa application submitted to U.S. Embassy or Consulate in treaty country
8.	Visa granted for up to 5 years at a time depending on the treaty country
	a.	May be renewed for further periods so long as visa requirements continue to be met
9.	Spouses and children (under 21) may be granted E-2 visas to reside and/or study. Spouses may also apply for work authorization.

Treaties marked with one asterisk (*) contain only treaty trader provisions and allow only E1 issuance, not E2. Treaties marked with two asterisks (**) contain only treaty investor provisions and allow only E2 issuance, not E1.

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