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E-2 Visa: A Comprehensive Guide to the Treaty Investor Visa
Definition & Meaning
The E-2 Visa is a non-immigrant visa that allows individuals from countries with which the United States has a treaty of commerce to enter the U.S. for the purpose of investing in and managing a business. To qualify, the applicant must be a national of an eligible country and must invest or be in the process of investing a substantial amount of capital in a U.S. enterprise. The primary goal of the visa is to facilitate the development and management of a business that engages in commercial trade with the applicant's home country.
Table of content
Legal Use & context
The E-2 Visa is commonly used in immigration law and business law. It serves as a pathway for foreign investors to establish and operate businesses in the U.S. Legal practitioners often assist clients with the application process, ensuring compliance with immigration regulations and investment requirements. Users can manage some aspects of the process themselves with the right legal forms and templates, such as those provided by US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A French entrepreneur invests in a restaurant in New York City, meeting the capital investment requirement and actively managing the business. They apply for an E-2 Visa to live and work in the U.S. while running the restaurant.
Example 2: A Japanese businessperson invests in a tech startup in California. They apply for the E-2 Visa to oversee operations and ensure the business's growth in the U.S. market. (hypothetical example)
Relevant laws & statutes
The E-2 Visa is governed by the Immigration and Nationality Act (INA), specifically under Section 101(a)(15)(E)(ii). This section outlines the eligibility criteria and application process for treaty investors.
Comparison with related terms
Term
Definition
Key Differences
E-2 Visa
Non-immigrant visa for treaty investors.
Requires substantial investment and management of a business.
E-1 Visa
Non-immigrant visa for treaty traders.
Focuses on trade rather than investment.
EB-5 Visa
Immigrant visa for investors.
Leads to permanent residency with a higher investment requirement.
Common misunderstandings
What to do if this term applies to you
If you believe the E-2 Visa applies to your situation, consider the following steps:
Determine if your country has a treaty with the U.S.
Assess your investment plans to ensure they meet the substantial capital requirement.
Gather necessary documentation, including proof of investment and business plans.
Consider using US Legal Forms for templates to help with the application process.
If your case is complex, consult with an immigration attorney for personalized guidance.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Spouses and children can accompany the visa holder
Employment for Spouse
Allowed to work in the U.S.
Key takeaways
Frequently asked questions
Individuals from countries that have a treaty of commerce with the U.S. are eligible to apply.
A substantial investment typically means an amount sufficient to ensure the successful operation of the business, often evaluated on a case-by-case basis.
Yes, individuals already in the U.S. can apply for an E-2 Visa through a change of status.
Processing times can vary, but it generally takes a few weeks to several months.
Yes, you can bring your spouse and children under the age of 21 as dependents.