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E-2 Investor Visas

The E-2 Treaty Investor visa is designated to allow individuals from foreign countries to come to the United States to carry on substantial development and direction of the operation of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital.

The following must be met to qualify for an E-2 Treaty Investor visa:

  • The investor must be a national of a treaty country.

  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.

  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify.

  • The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.

  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.

  • The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

At ILG, business and employment immigration is one of our primary focus areas. Our lawyers have assisted many investors in securing E visas. Our E visa lawyers offer experienced, comprehensive representation in the E visa application process.  Please contact us to learn more about how we can assist you. 

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