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What are the primary requirements for an E-2 Treaty Investor visa?

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The primary requirements for an E-2 Treaty Investor visa are as follows:

1. TREATY COUNTRY: There must be a treaty in force between the United States and the particular country of which the visa applicant is a citizen.

2. CITIZENSHIP: The investor, either a real or corporate person, must be a national of a treaty country, as well as the particular visa applicant (if different from the investor).

3. COMPANY'S NATIONALITY: The particular company sponsoring the visa applicant must be primarily owned or controlled by nationals of the treaty country.

4. SUBSTANTIAL INVESTMENT: 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;

5. INVESTMENT NOT MARGINAL: The investment may 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.

6. INVESTMENT MUST BE ACTIVE. 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;

7. NATURE OF THE INVESTMENT: The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.

8. APPLICANT’S JOB: The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Reader Comments

E-2 Future residency

Can an E-2 visa holder gain permanent residency or apply for the removal of the conditional requirements of their E-2 visa. And if so then through what method and over what time period.

If it is not possible is their another route available Eg. though employing oneself through an L1a, H1b, or EB1 visa. Or in the future EB5.

No Automatic route to U.S. Permanent Residency for E-2 holders

There is no automatic avenue for an E-2 visa holder to obtain U.S. permanent residency. On the other hand, an E-2 visa holder is not prohibited from obtaining U.S. permanent residency either, provided that he or she have some other basis for obtaining U.S. permanent residency.

Therefore, in order to obtain U.S. permanent residence, an E-2 visa holder would have to pursue said status through another route, e.g., EB1, EB5, etc., provided that the individual qualifies for the other basis for U.S. permanent residency.

 

 

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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