The E-2 treaty investor visa is a nonimmigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States to develop and direct an enterprise that they have invested in or are actively in the process of investing a substantial amount of capital. It also allows for executive/supervisory and essential employees of a company owned by a treaty national to come to the United States to fulfill their duties.

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan (Republic of China), Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom. Major countries in this category include China (People’s Republic of China), India, Nigeria, Russia, South Africa and Vietnam.

The investment must be ‘substantial’. There is no specific minimum amount defined by U.S. Citizenship and Immigration Services (USCIS), but the investment must be enough to ensure the success of the enterprise and should be proportional to the total cost of either purchasing an existing business or creating a new one.

The nationality requirement for an E-2 visa stipulates that the applicant must be a citizen or national of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States that includes E-2 visa eligibility. These treaties are often referred to as “Treaty Countries.”

Here are the key points regarding the nationality requirement for an E-2 visa:

(a) **Treaty Country Status:** The applicant must hold citizenship of a country that maintains a treaty of commerce and navigation with the United States that specifically provides for E-2 visa eligibility. Not all countries have such treaties with the U.S.

(b) **List of Treaty Countries:** The list of countries that qualify for E-2 visas can change over time due to the negotiation of new treaties or amendments to existing ones. The Department of State and USCIS provide updated lists of eligible countries.

(c) **Dual Nationality:** If an applicant holds dual nationality and one of their nationalities is from a treaty country, they can choose to apply for the E-2 visa based on their qualifying nationality.

(d) **Spouse and Children:** Spouses and unmarried children under 21 years of age of E-2 visa holders can accompany them to the United States under E-2 dependent visas, regardless of their nationality.

(e) **Impact of Citizenship Changes:** If an applicant changes their citizenship after the initial E-2 visa issuance and the new citizenship is not from a treaty country, they may no longer be eligible for E-2 status. However, this does not affect their E-2 status if they already hold it.

The concept of “substantial investment” for an E-2 visa is not defined by a specific dollar amount by U.S. Citizenship and Immigration Services (USCIS). Instead, it is evaluated based on several factors to determine if the investment is sufficient to ensure the successful operation of the enterprise. Here are some key considerations:

(a) **Proportionality:** The investment should be substantial in relation to the total cost of either purchasing an existing business or establishing a new one. It should be enough to support the likelihood of the business succeeding and generating a profit.

(b) **Absolute Amount:** While there is no minimum threshold, generally, investments of at least $100,000 or more are often seen as meeting the substantiality requirement. However, the actual amount can vary depending on the nature of the business and the industry.

(c) **Source of Funds:** USCIS requires that the funds invested must be derived from legitimate sources. This means that the investor needs to provide evidence of how the funds were obtained and that they were legally acquired.

(d) **Business Plan:** A comprehensive business plan that outlines the objectives, operational structure, and financial projections of the enterprise is typically required. This helps USCIS assess whether the investment is substantial and whether the business is viable.

(e) **Risk Assessment:** USCIS considers the risk associated with the investment. Investments in ventures that are more speculative or have a higher risk of failure may require a larger investment to be considered substantial.

(f) **Comparison with Similar Businesses:** USCIS may compare the investment with similar businesses in the same industry to determine if it is substantial relative to typical investment levels.

(g) **Job Creation:** While not a strict requirement, creating jobs for U.S. workers through the investment can strengthen the case that the investment is substantial and benefits the U.S. economy.

In summary, the determination of whether an investment is substantial for an E-2 visa is based on a holistic assessment of various factors, rather than a specific dollar amount. It should be sufficient to ensure the success of the business and demonstrate the investor’s commitment to the enterprise and the U.S. economy.

For an E-2 visa, the ownership percentage required typically varies but generally, the investor must own at least 50% of the enterprise. However, simply owning 50% or more does not guarantee approval; other factors such as the nature of the business, the amount invested, and the potential to create jobs for U.S. workers also play significant roles in the approval process.

Yes, the investment is considered marginal otherwise. However, it is generally understood that your company will have to hire employees to show that it is benefiting the U.S. economy. It is a major factor that the Immigration services consider when you apply for the renewal of your E-2 visa.

The E-1 visa is for individuals who engage in substantial trade of goods, services, or technology between the United States and their treaty country. The E-2 visa is for individuals who invest a substantial amount of capital in a U.S. business or enterprise and are coming to the United States to develop and direct the investment enterprise.