E-2 Treaty Investors



Available to nationals of countries that have a treaty of commerce and navigation with the U.S. who invest a substantial amount of capital in a U.S. business. Some employees of these treaty nationals may also receive a visa in this category. To qualify you must have “invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise” in the U.S. The investor must be coming to the U.S. to direct and develop the enterprise. The enterprises cannot be marginal, that is, generating income only sufficient to provide minimal living for the investors and their families.
An employee must have the same nationality as treaty trader employer; and must be employed at an executive or supervisory level; or have special qualifications.

An E-2 visa is issued for two years initially and maybe extended in increments of up to two years. E-1s who travel will be granted an automatic two years stay each time they are admitted to the U.S.

Spouses and Children

Spouses and Children (unmarried under 21 years of age) may accompany or follow the treaty investor or treaty employee. Spouses may apply for work authorization.
Whittingham Law can Help. If you are seeking an E-2 Treaty Investors Visa–Let Us Help.