E2 Visa – Treaty Investor

An E2 visa can be obtained by an investor who is a national of a country which has a treaty of commerce and navigation with the US. The investor must be coming to the US to direct and develop the operations of an enterprise in which has invested, or is actively involved in the process of investing, a substantial amount of capital.

E-2 visasA petition is not required if the investor is applying for an E2 visa outside of the US.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Although there is no limit on the number of times that an E2 visa may be renewed, it is a temporary visa.  It is not to be confused with an EB-5 investor green card.

 

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E2 Visa – Documentary Requirements:

An application for E2 visas must be filed with the appropriate fee payment, and evidence that:

  • The visa investor is a national of a country with whom the US has the requisite treaty or agreement;
  • The investor (or in the case of employees of a treaty investor who seek an E-2 visas) will direct or develop the enterprise. The investor must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
  • The investor has invested in or is actively in the process of investing in the enterprise;
  • The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  • The investment enterprise is not a marginal enterprise;
  • If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
  • The applicant intends to depart the US upon the expiration of E-2 status.

E1/E2 Visa Treaty Countries

 

Country Classification Effective Date
Albania E2 Visa January 4, 1998
Argentina E1 Visa October 20, 1994
Argentina E2 Visa October 20, 1994
Armenia E2 Visa March 29, 1996
Australia E1 Visa December 16, 1991
Australia E2 Visa December 27, 1991
Austria E1 Visa May 27, 1931
Austria E2 Visa May 27, 1931
Azerbaijan E2 Visa August 2, 2001
Bahrain E2 Visa May 30, 2001
Bangladesh E2 Visa July 25, 1989
Belgium E1 Visa October 3, 1963
Belgium E2 Visa October 3, 1963
Bolivia E1 Visa November 09, 1862
Bolivia E2 Visa June 6, 2001
Bosnia and Herzegovina 11 E1 Visa November 15, 1882
Bosnia and Herzegovina 11 E2 Visa November 15, 1882
Brunei E1 Visa July 11, 1853
Bulgaria E2 Visa June 2, 1994
Cameroon E-2 April 6, 1989
Canada E-1 January 1, 1993
Canada E-2 January 1, 1993
Chile E-1 January 1, 2004
Chile E-2 January 1, 2004
China (Taiwan) 1 E-1 November 30, 1948
China (Taiwan) 1 E-2 November 30, 1948
Colombia E-1 June 10, 1848
Colombia E-2 June 10, 1848
Congo (Brazzaville) E-2 August 13, 1994
Congo (Kinshasa) E-2 July 28, 1989
Costa Rica E-1 May 26, 1852
Costa Rica E-2 May 26, 1852
Croatia 11 E-1 November 15, 1882
Croatia 11 E-2 November 15, 1882
Czech Republic 2 E-2 January 1, 1993
Denmark 3 E-1 July 30, 1961
Denmark E-2 December 10, 2008
Egypt E-2 June 27, 1992
Estonia E-1 May 22, 1926
Estonia E-2 February 16, 1997
Ethiopia E-1 October 8, 1953
Ethiopia E-2 October 8, 1953
Finland E-1 August 10, 1934
Finland E-2 December 1, 1992
France 4 E-1 December 21, 1960
France 4 E-2 December 21, 1960
Georgia E-2 August 17, 1997
Germany E-1 July 14, 1956
Germany E-2 July 14, 1956
Greece E-1 October 13, 1954
Grenada E-2 March 3, 1989
Honduras E-1 July 19, 1928
Honduras E-2 July 19, 1928
Ireland E-1 September 14, 1950
Ireland E-2 November 18, 1992
Israel E-1 April 3, 1954
Israel E-2 May 1, 2019
Italy E-1 July 26, 1949
Italy E-2 July 26, 1949
Jamaica E-2 March 7, 1997
Japan 5 E-1 October 30, 1953
Japan 5 E-2 October 30, 1953
Jordan E-1 December 17, 2001
Jordan E-2 December 17, 2001
Kazakhstan E-2 January 12, 1994
Korea (South) E-1 November 7, 1957
Korea (South) E-2 November 7, 1957
Kosovo 11 E-1 November 15, 1882
Kosovo 11 E-2 November 15, 1882
Kyrgyzstan E-2 January 12, 1994
Latvia E-1 July 25, 1928
Latvia E-2 December 26, 1996
Liberia E-1 November 21, 1939
Liberia E-2 November 21, 1939
Lithuania E-2 November 22, 2001
Luxembourg E-1 March 28, 1963
Luxembourg E-2 March 28, 1963
Macedonia, the Former Yugoslav Republic of (FRY) 11 E-1 November 15, 1882
Macedonia, the Former Yugoslav Republic of (FRY) 11 E-2 November 15, 1882
Mexico E-1 January 1, 1994
Mexico E-2 January 1, 1994
Moldova E-2 November 25, 1994
Mongolia E-2 January 1, 1997
Montenegro 11 E-1 November 15, 1882
Montenegro 11 E-2 November 15, 1882
Morocco E-2 May 29, 1991
Netherlands 6 E-1 December 5, 1957
Netherlands 6 E-2 December 5, 1957
New Zealand E-1 June 10, 2019
New Zealand E-2 June 10, 2019
Norway 7 E-2 January 18, 1928
Oman E-1 June 11, 1960
Oman E-2 June 11, 1960
Pakistan E-1 February 12, 1961
Pakistan E-2 February 12, 1961
Panama E-2 May 30, 1991
Paraguay E-1 March 07, 1860
Paraguay E-2 March 07, 1860
Philippines E-1 September 6, 1955
Philippines E-2 September 6, 1955
Poland E-1 August 6, 1994
Poland E-2 August 6, 1994
Romania E-2 January 15, 1994
Serbia 11 E-1 November 15,1882
Serbia 11 E-2 November 15,1882
Senegal E-2 October 25, 1990
Singapore E-1 January 1, 2004
Singapore E-2 January 1, 2004
Slovak Republic 2 E-2 January 1, 1993
Slovenia 11 E-1 November 15, 1882
Slovenia 11 E-2 November 15, 1882
Spain 8 E-1 April 14, 1903
Spain 8 E-2 April 14, 1903
Sri Lanka E-2 May 1, 1993
Suriname 9 E-1 February 10, 1963
Suriname 9 E-2 February 10, 1963
Sweden E-1 February 20, 1992
Sweden E-2 February 20, 1992
Switzerland E-1 November 08, 1855
Switzerland E-2 November 08, 1855
Thailand E-1 June 8, 1968
Thailand E-2 June 8, 1968
Togo E-1 February 5, 1967
Togo E-2 February 5, 1967
Trinidad & Tobago E-2 December 26, 1996
Tunisia E-2 February 7, 1993
Turkey E-1 February 15, 1933
Turkey E-2 May 18, 1990
Ukraine E-2 November 16, 1996
United Kingdom 10 E-1 July 03, 1815
United Kingdom 10 E-2 July 03, 1815
Yugoslavia 11 E-1 November 15, 1882
Yugoslavia 11 E-2 November 15, 1882

<b>Country Specific Footnotes</b>

  1. China (Taiwan) – Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
  2. Czech Republic and Slovak Republic – The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
  3. Denmark – The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
  4. France – The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
  5. Japan – The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
  6. Netherlands – The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
  7. Norway – The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
  8. Spain – The Treaty which entered into force on April 14, 1903, is applicable to all territories.
  9. Suriname – The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
  10. United Kingdom – The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
  11. Yugoslavia – The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY – Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.

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