E-2 investor visas permit foreign nationals to enter the United States in order to direct and develop a commercial enterprise or business in which they have invested, or are in the process of investing, a substantial amount of money or capital. Foreign nationals wishing to obtain E-2 visas must be a citizen of a country with which the U.S. has a treaty of commerce. Although there is no specific dollar amount required under U.S. immigration laws, the investment must be “substantial” and cannot be marginal. The E-2 investor visa is typically initially valid for two to five years and may be extended indefinitely. Foreign nationals from the following countries are eligible to qualify to obtain an E-2 Visa in the United States:

Albania	Argentina	Armenia
Austria	Bangladesh	Belgium
Bosnia	Bulgeria	Cameroon
Costa Rica	Canada	Colombia
Congo	Croatia	Czech Republic
Ecuador	Egypt	Estonia
Ethiopia	Finland	France
Germany	Grenada	Georgia
Honduras	Iran	Ireland
Italy	Jamaica	Japan
Kazakhstan	Kyrgystan	Korea (South)
Latvia	Liberia	Luxembourg
Macedonia	Mexico	Moldova
Mongolia	Morocco	Norway
Oman	Pakistan	Panama
Philippines	Poland	Romania
Senegal	Slovakia	Slovenia
Spain	Sri Lanka	Suriname
Sweden	Switzerland	Taiwan
Thiland	Togo	Trinidad & Tobago
Tunisia	Turkey	Ukraine
United Kingdom	Zaire

Spouses and unmarried children under 21 years of age of an E-2 visa holder may enter and remain in the United States by applying for Employment Authorization utilizing a Form I-765, Application for Employment Authorization. Spouses and children of E-2 visa holders may also attend school in the United States.

Requirements of Investment

In order to qualify for an E-2, the foreign national must demonstrate possession and control of the funds to be invested. The funds or assets must be committed to the investment and the commitment must be irrevocable. Further, the business must be close to the beginning of operation, not merely at the point of signing contracts or determining locations suitable for the business. Mere intent to start a business is insufficient; instead, the business must be on the verge of creation. Moreover, the investment must be made in an organization where a return may be realized on investment or a loss of the investment may be realized. Accordingly, a donation to a non-profit organization fails to meet the requirements for the

E-2 Visa

Typically, successful E-2 visa applicants are executives, managers or professionals of a treaty nation company operating in the US seeking to enter to carry out substantial trade. In order to meet the substantial investment requirement, immigration officers look to the proportionate amount of funds invested based on the nature of the business and projected success of the business. The proportionality test measures the amount of qualifying funds invested weighed against the cost of an established business or the cot of establishing a business. While there is not fixed investment amount required, generally an investment in the $50,000.00 range is necessary. If you are interested in learning more about E-2 treaty investor visas, please contact our experienced E-2 investor visa lawyers at Colombo, Hurd & Brandt, PL today for an initial consultation at 1 (800) 549-5523.