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E-2 Treaty Investor Visa

FAQ

 

Q: What is the E-2 visa?

The Treaty Investor visa (E-2) is for individuals intending to go to the United States to develop and direct the operations of an enterprise in which the national has invested; or is actively in the process of investing a substantial amount of capital.

Q: Who can apply for an E-2 visa?

A treaty investor must be a national of a country in which the U.S. maintains a treaty of commerce and navigation.  You must be going to the U.S. to invest in a new or existing enterprise.

Q: What is considered a new or existing enterprise?

The investment may be for the purpose of establishing a new business venture or for purchasing a pre-existing business. If establishing a new business in the U.S., the investor must be able to prove that the business will generate profit and will employ American employees.

Q: What is the required investment capital needed in order to obtain an E-2 visa?

There is no such required amount, however, the investment must be a substantial amount of funds from your own pocket and be invested only for the purpose of the business.

Q: What is an “investment”?

An E-2 investment can be made in various ways: cash, equipment or stock. Rent payments and intellectual property can also be considered as part of the E-2 investment capital.

The nature of the E-2 investment must be in a bona fide enterprise – a real, active commercial or entrepreneurial undertaking which produces services or goods for profit.

The investment must be substantial  in which it must be able to create work for local residents. The investor must have the required skills needed in order to make business minded decisions and implement them.

Q: What comes first – the investment or the visa?

The investment. It is not possible to obtain an E-2 visa if a substantial amount of capital has not yet been invested. The capital needs to be invested in a way that cannot be refunded, even if the visa is not issued.

Q: Do I need to run the business?

You must be in the U.S. for the purpose of developing and directing the business you invested in. In addition you must own at least 50% of the business or be in a managerial position.

Q: Who else can apply for E-2 visa classification?

The employee of a treaty investor may also apply for an E-2 visa.  The employee must hold the same nationality as the principal employer and must engage in executive/supervisory duties or hold specialized knowledge.

Q: How long is the E-2 visa issued for?

In general, the E-2 visa will be issued for 5 years with the ability to apply for extension.

Q: Can my family join me in the U.S.  in E-2 status?

Yes, spouses and unmarried children under the age of 21 can obtain derivative E-2 status. Dependents can engage in employment after application to receive an employment authorization document (EAD).

Q: Where can I apply for the E-2 visa?

In general, E-2 visa applications are submitted to the US Embassy in Tel Aviv (The US Consulate in Jerusalem does not handle this type of visa). For additional information on the E-2 application process, please go to  http://israel.usembassy.gov/consular/niv/evisas.html.

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