Treaty investors may come under the provisions of a Treaty of Friendship, Commerce and Navigation between the United States and the foreign country of which he / she is a national (the same definition as for E-1 visas), solely to develop and direct the operations of a U.S. enterprise in which he or she has invested, or is actively in the process of investing a substantial amount of capital. The E-2 company in the United States must be principally owned and controlled by nationals of the treaty country, and it must be an active, operating business. E-2 visas are available both to individuals who are principal investors in a U.S. treaty company, and also to certain essential employees who are nationals of the treaty country coming to perform executive, managerial or specialized knowledge positions in the U.S. treaty company, where a foreign firm of the same nationality is the principal owner of the U.S. treaty company.
Treaty investors must intend to return to the home country at the conclusion of their E-2 employment. E-2 spouses may apply for employment authorization.
If you have more questions about obtaining your E-2 visa, contact Karin Wolman today.
Dual nationals beware: An individual may not be granted a change of nonimmigrant status in the United States to E-2 Treaty Investor unless they were last admitted as a national of the treaty country.