E-2 Treaty Investor Requirements

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to come to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital, may qualify for a non-immigrant Treaty Trader or Treaty Trader Investor visa.



1. The investor, either a real or corporate person, must be a national of a treaty
    country.

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2. The investment must be substantial.  It must be sufficient to ensure the
    successful operation of the enterprise.  The percentage of investment for a
    low-cost business enterprise must be higher than the percentage of

    investment in a high-cost enterprise.

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3. The investment must be a real operating enterprise.  Speculative or idle

    investment does not qualify.  Uncommitted funds in a bank account or
    similar security are not considered an investment.

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4. The investment must not be marginal.  It must generate significantly more

    income than just to provide a living to the investor and family, or it must have
    a significant economic impact in the United States.

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5. The investor must have control of the funds, and the investment must be at risk in the commercial sense.  Loans secured assets of the 

    investment enterprise are not allowed.

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6. The investor must be coming to the United States to develop and direct the enterprise.  If the applicant is not the principal investor, he or she
    must be employed by a supervisory, executive, or highly specialized skill capacity.  Ordinary skilled and unskilled workers do not qualify.



Example:  UK residency required for British applicants (may or may not apply to nationals of other countries)​



The controlling treaty between the United States and the United Kingdom requires E-2 visa investors be "inhabitants" of British territory in Europe.  According to the treaty, this term means "one who resides actually and permanently in a given place, and has his domicile there."  Therefore, a British applicant must prove domicile in the United Kingdom.



How to apply​

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An applicant for a Treaty Investor (E-2) Visa must first establish the investment enterprise meets the requirements of the law.  It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.  E-2 visa applicants will be required to appear in person before a consular officer for a visa interview, but only after the trading enterprise or investment company has been registered with the Treaty Visa Office.



"Substantial" Investment defined



This is where our knowledge on the E-2 Treaty Investor Visa is invaluable.  We know what works and what doesn't.  Our personal experience and business and investment knowledge, and cumulative successful experiences of those we have shared it with, have helped many foreign nationals  obtain E-2 visas.  Regardless of what you may have read, no fixed dollar amount has been set for what is considered 'substantial'.  However, general guidelines have been issued, and a series of tests are theoretically applied, to determine whether an investment is substantial or not.  The key requirement is the investor bringing a benefit to the local economy in which he is operating.  This is the spirit in which the requisite treaties have been passed.



So if you are a foreign national thinking about Florida and all it has to offer, many sites on the internet offer "E-2 Visa Kits" - for a fee!  the United States, under the Freedom of Information Act, has made basic information, as well as the forms needed, readily accessible online - for free.



HOWEVER, WE STRONGLY RECOMMEND ENGAGING THE SERVICES OF A QUALIFIED IMMIGRATION ATTORNEY



Contact us for a a list of qualified Immigration Attorneys in the area of Florida you wish to live.



It would be our pleasure to serve you in making this transition as comfortable and rewarding for you as possible.