E-2 Treaty Investor Status

The treaty investor visa is available for an individual who has invested or is actively in the process of investing in a business in the United States. The investment must be active, that is, the investor must make an irrevocable commitment of funds that represents an actual, active investment. The investment must be substantial, taking into account only those financial transactions in which the investor’s own resources are at risk. The investment cannot be marginal in nature, that is, one which will only support the investor and his or her family; in most cases it should create job opportunities for U.S. workers.The person for whom treaty-investor status is sought must fill a key role with the company, either as the investor who will develop and direct the investment, or as a qualified manager or specially trained and highly qualified employee necessary for the development of the investment.

To obtain entry to the US using E status, all foreign nationals, except Canadians, must obtain an E visa stamp from a US consulate abroad. Upon appearing at a US port of entry with the E visa stamp in the passport, the length of stay on a particular trip will be granted by USCIS for two years. The visa can be renewed indefinitely, and as such, the period of authorized stay can technically go on indefinitely, provided that the elements of E visa status continue to be satisfied.

Dependents may accompany E treaty nationals as E-2s and they may work once they obtain employment authorization document on their own after entry to the US.