This memorandum briefly outlines the formal and substantive requirements for obtaining an E-2 Treaty Investor Visa (commonly referred to as an E2 Visa).
Formal Requirements For An E2 Visa
- Treaty and nationality:
- Treaty of Commerce and Navigation between the United States and the applicant’s home country
- Applicant and/or business possess the nationality of the treaty country
- If a business entity, it must be at least 50% by treaty country national
Substantive Requirements For An E2 Visa
- Applicant has invested or is actively in the process of investing:
- Evidence of establishment of business in the United States (articles of incorporation, partnership agreement, organization and staffing charts, shares, titles, contracts, receipts, licenses, leases, etc.)
- Evidence of investment in the United States (titles, receipts, contracts, loans, bank statements, etc.)
- Evidence of possession and control of investment funds (bank records, financial statements, loans, savings, promissory notes, etc.)
- Evidence of remittance to the United States (bank drafts, transfers, exchange permits, receipts, etc.)
- Enterprise is a real and operating commercial enterprise:
- Evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate)
- Business licenses, professional licenses, etc.
- Applicant\’s investment is substantial:
- Evidence of substantiality in relation to total investment (financial statements, audits, U.S. corporate or business tax returns, etc.)
- Will be met if applicant acquires or funds 100% of the enterprise
- Investment is more than a marginal one solely for earning a living
- Evidence that the enterprise is not marginal (payroll records, employment contracts, personal tax returns, evidence of other personal assets and income)
- Five-year business plan
- Applicant is in a position to “develop and direct” the enterprise:
- Evidence of at least 50 percent ownership of the enterprise (articles of incorporation, partnership agreement, shareholders’ agreement, etc.)
- Evidence that the applicant, through ownership or by other means, develops and directs the activities of the enterprise (partnership agreement, shareholders’ agreement, management agreement, etc.)
- Curriculum vitae of the applicant
- Applicant intends to depart the United States when the E-2 status terminates:
- Statement from the applicant is sufficient
- Does not preclude visa extensions or later adjustment of status
SPEAK TO A LOS ANGELES BUSINESS LAWYER NOW TO PREPARE YOUR E-2 TREATY INVESTOR VISA!
If you need to form a business, contact an attorney at The Sterling Firm. We have an attorney experienced in preparing E2 Visas. We can help! Call (310) 498-2750 now to speak with an attorney! Learn more by visiting the U.S. Citizenship and Immigration Services website.