E visas, also known as treaty visas include treaty traders and investors who come to the United States, under a treaty of friendship, commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national.
E-2 (Treaty Investors)
E-2 Visa is for treaty investors who have invested and/or are actively investing a substantial amount of money, and will also be involved in developing and directing the operations of the investment enterprise.
The visas are based upon a treaty of Friendship, Commerce and Navigation (FCN), Bilateral Investment Treaty (BIT), or NAFTA (Canada and Mexico) between United States and the country of E visa applicant’s nationality.
- Two year admission is given.
- Extensions may be given in 2-year increments.
- Some countries have only E-1 or E-2 treaties, and some have both.
- Each treaty may contain specific and unique provisions, and can create very important differences in the treatment of treaty nationals.
- Submission of a comprehensive business plan is required. Business plan will define the scope of trade/investment, future financial projections, partners etc.
- Visa may not be denied solely based on a pending Labor Condition and/or an Immigrant Visa petition. However, Department of State (DOS) might require that E visa applicant should not seek an Adjustment of Status (AOS) while in E status.
- Spouse of E-2 can obtain an Employment Authorization Document (EAD).
- Children of E-2 cannot obtain EAD, but can attend school without changing status.
- Nationality of spouse and children is not important.
- A national of a country with which the United States maintains a treaty of a type described above.
- Someone who has invested, or be actively in the process of investing, a “substantial amount” of capital in a bona fide enterprise in the United States.
- Someone seeking to enter the United States solely to develop and direct the investment enterprise. Necessary to show least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- A key employee from a treaty country for E-2. Employees include executives, supervisors or persons whose services are “essential to the efficient operation of the enterprise”