E – 2 Treaty Investors and Employees
This visa allows foreign nationals from Treaty Countries to enter the U.S. for the purpose of directing and developing the operations of an enterprise they have invested in, or are in the process of investing a substantial amount of capital.
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
To qualify for E-2 classification, the employee of a treaty investor must:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country);
- Meet the definition of “employee” under relevant law; and
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
- The degree of proven expertise in the employee’s area of operations;
- Whether others possess the employee’s specific skills;
- The salary that the special qualifications can command; and
- Whether the skills and qualifications are readily available in the United States.
Qualified treaty investors and employees will be allowed a maximum initial stay of two years and an extension of stay may be granted in increments of up to two years each.
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