The nationals of certain countries with which the U.S. has a treaty, are eligible to invest a substantial amount [a minimum of $100,000 – $200,000] in a commercial enterprise and qualify for E-2 visa or E-2 status, depending upon whether you are applying to change your status within the U.S. or applying for a visa at the U.S. Embassy or Consulate outside of the U.S. E-2 visas are usually issued for 2-5 years and E-2 status can be renewed every 2 years as long as the investment capital remains invested.

This is an attractive option for qualifying individuals as the investor’s spouse and his or her children that are under 21 are also eligible to stay in the U.S. as E-2 dependents. However, an E-2 visa is only valid for the lifetime of the business. If the business shuts down, the applicant will not receive renewal of their E-2 status and will have to return to their home country. It is not possible for individuals to obtain permanent residence status in the U.S. through an E-2 visa. If you are interested in an investor visa that provides permanent resident status, consider the EB-5 investor visa.

Requirements

• Must be a citizen or national of a country with which the U.S. has a treaty.
• Treaty investor must be in the process of investing the required capital for the commercial enterprise.
• Income derived from investment in a commercial enterprise should not be nominal.
• Treaty investor has the burden to prove that the source of investment capital is not illegal.
• Investment amount must be substantial – sufficient to carry on business operations profitably. This is typically defined as a minimum investment of approximately $100,000-$200,000. Each case has a unique set of circumstances and some cases may not require as much investment capital as others.