How to Qualify as an E-2 Treaty Investor

To facilitate substantial trade between the United States and their country of citizenship, non-U.S. citizens must first qualify as an E-2 treaty investor. Without the status, these investors cannot operate to their full potential in the U.S., but in order to be granted an E-2 treaty investor visa, the business in question must first be adjudged to be of sufficient importance to the United States.

Difficulty: Moderate

Instructions

Things You'll Need:

• Computer with Internet connection
• E-2 application form

File for an E-2 Visa from the United States Government

1. Visit the U.S. Department of State Web site to make sure the United States maintains a treaty of commerce with your country of citizenship (see Resources below). This is a prerequisite for qualifying as an E-2 treaty investor.

2. Obtain an E-2 application and information packet from the United States Consulate, or obtain one online from an immigration support Web site (see Resources below).

3. Highlight the strengths and importance of your business. To be granted an E-2 visa, your investment must be considered "substantial" by those processing the application. There are no hard-and-fast rules defining "substantial" in this case, though.

4. Establish your business intent in your application. In order to get approved as an E-2 investor, your intent must be to accomplish business between the United States and your country of origin.

5. File your E-2 treaty investor application with your country's United States Consulate.

Know the Parameters of an E-2 Visa

6. Consider the duration and limitations of an E-2 visa. An E-2 status can be approved for up to 5 years, but once you enter the United States on the E-2 visa, you can only stay for 2 years.

7. Find out how your employees are affected by your E-2 status. Even if you qualify as a treaty investor, your employees may not necessarily qualify. Your application packet contains information on what it takes for an employee to operate under your E-2 visa.

8. Know that your spouse and any unmarried children under the age of 21 can travel with you into the United States on your E-2 visa.

Tips & Warnings

• Take a few hours to fill out your E-2 application as meticulously as possible. If the form is returned to you because of unclear or omitted information, the application process must be repeated. If you feel uncomfortable completing the form yourself, ask an immigration attorney to help you with the application.
• You must have more than 50 percent ownership of the investment business in order to obtain E-2 status for your company.
• To avoid liability, don't stay in the United States beyond the length of stay allowed by your visa.