The E-2 Treaty Investor Visa is available to certain investors that are nationals of a country that has entered into a qualifying treaty with the United States (see below for a list of those countries). One major benefit of this visa is that the application can be lodged in the first instance with the U.S. Consulate, thus avoiding the time and cost of applying through USCIS.
The E-2 visa law requires that the investment amount be “substantial” but does not specify what dollar amount would be considered substantial. The rules require the visa officer to analyze the investment amount in relation to the total start-up needs of the business. Typically each investor applying for this visa needs to invest at least $100,000 USD in the US business. However, if it is a large business, for example a restaurant that realistically requires about $2 million to get started, it is possible that $100,000 would not be considered a “substantial” investment in that restaurant. Alternatively, amounts less than $100,000 may be considered "substantial" for many businesses.
The E-2 law does not require that the foreign investor hire a certain number of US workers, but it is required that the business is successful enough by the end of your visa terms (typically 4 or 5 years) that it is employing someone more than just the E-2 investor and their immediate family.
There is no closed list of the types of U.S. companies that would qualify as an E-2 business, the rules simply require that it be a for-profit business. Attorney Becky Bodony has prepared successful E-2 visa applications for a wide range of companies, including coaching consultants, coffee roasters, green architecture, digital marketing, a sailing school, and an art gallery.
For a free consultation about E-2, please go to the Contact Us tab of this website and submit an inquiry.
List of Countries Eligible for the E-2 Treaty Visa (the E-2 Applicant Must Have an Unexpired Passport from One of these Nations):
Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
Chile
China (Taiwan)
Colombia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Georgia
Germany
Grenada
Honduras
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Korea (South)
Kosovo
Kyrgyzstan
Latvia
Liberia
Lithuania
Luxembourg
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Senegal
Serbia
Singapore
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Ukraine
United Kingdom
Yugoslavia
(Source: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html)
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