The E-2 is a nonimmigrant classification which allows a foreign national to be granted admission to the U.S. through a substantial capital investment in an active U.S. business. To be eligible the foreign investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation.
- The investor should be seeking to solely develop an investment by having at least 50% ownership/managerial control over a profit generating enterprise.
An investor residing in the U.S. in a lawful nonimmigrant status may file Form I-129 to request change of status to E-2 classification; a qualifying employer can also file the form on their employee’s behalf. Generally, the I-129 may not be filed from outside the United States and one should contact an experienced immigration attorney regarding filing the I-129 from abroad. Qualified treaty investors and their employees will be granted a maximum stay of two years, with additional extensions of two years each and must continue their employment with the original enterprise described in the I-129. Due to the non-immigrant status of this visa all E-2 investors must maintain the intention of departing from the U.S. once their status expires or becomes terminated.
E-2 Treaty Investors may be accompanied by their spouses and unmarried children under the age of 21. The spouses of E-2 treaty investors may obtain work authorization by filing Form I-765; if approved there are no restrictions as to where they may work.
The E-2 treaty investor visa provides an excellent opportunity for foreign investors to live in the United States with their family, while generating an income. Our staff of experienced immigration attorneys is ready to help you through the E-2 process, contact us today and we’ll evaluate your case.
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From our offices in Concord, located in the San Francisco Bay Area of California, we serve clients throughout the United States and the world. We provide immigration expertise to clients in all parts of the U.S., including Texas, Hawaii, New York, Florida, New Jersey, Illinois, Washington, and Ohio. We serve clients in all parts of California, including San Francisco, Los Angeles, Oakland, Berkeley, San Diego, Sacramento, San Jose, Fresno, Bakersfield, and Redding.