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E2 Visa

The Treaty Investor (E-2) Visa is a non-immigrant visa based around treaty agreements America maintains with certain countries. The E-2 visa is issued to the foreign nationals of these treaty countries on the basis the visa holder is entering America for the sole purpose of developing and managing business enterprise which they have a vested interest in. To qualify for this visa the applicant must have either already invested a substantial amount of capital within America, or plans to do so in the near future

The funds used for investment must be the visa applicants own funds, and documentary evidence will be required to prove this. These funds, however, may be in the form of loans (as long as the loan is not collateralized by the acquired assets) and other assets such as equipment, fixtures, inventory, patent rights, royalties and other contract rights so long as they can be objectively appraised.

In addition, any business undertaken as part of the investment must not be marginal in nature. That is, to be legitimate, the business must have the present or future capacity to generate more than enough income for the treaty investor and any dependants they might have. The projected future income-generating capacity should generally be realizable within 5 years from the date the E-2 visa holder commences the normal business activity of the enterprise.