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.
The period of admission is two years, and the E-2 visa may be granted for up to five years, with extensions available in appropriate circumstances. Treaty investors must also 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.