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E-2 Treaty Investor Visa

Helping Clients in Chicago with Their Immigration Needs

Nonimmigrants from countries that keep a treaty of commerce and navigation with the United States can apply for an E-2 Treaty Investor Visa. A person who has an E-2 Visa can be admitted into the country and is allowed to invest a substantial amount of capital in U.S. enterprises. Certain organizations and specific employees can also qualify for E-2 classification as well.

You can view a list of the countries the United States maintains a treaty of commerce and navigation with here. To request a change of your status, you should refer to the U.S. Department of State website for application information.

What Are the Qualifications for Treaty Investors?

A treaty investor has to meet the following criteria in order to qualify for E-2 classification:

  • They must be coming from a country that maintains a treaty of commerce and navigation with the U.S.
  • The person has invested or is in the process of investing, a substantial amount of money in an enterprise in the United States.
  • The reason the person is coming to the U.S is for the development and direction of their investment enterprise.
  • The person must prove their investment funds weren’t obtained through criminal activity.

U.S. Citizenship and Immigration Services (UCIS) defines a substantial amount of capital as:

  • An investment amount that is similar or equal to the total cost of purchasing or establishing a new enterprise.
  • An investment amount that will ensure the treaty investor’s financial commitment to the successful operation of the enterprise.

UCIS states that a bona fide enterprise must be a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. The enterprise must also meet certain legal requirements for doing business within its jurisdiction.

What About Marginal Enterprises?

Unfortunately, the investment enterprise can’t be marginal. An enterprise that doesn’t have the capacity to generate enough income for the investor’s minimal living expenses is considered to be marginal. Although an enterprise might not have the current capacity to create the minimum income for the investor, some situations allow a marginal enterprise to qualify for an E-2 Treaty Investor Visa. You should consult with an experienced immigration lawyer to find out if your investment enterprise qualifies for E-2 classification.

Call (312) 702-1782 to Speak with our Team

Do you need help obtaining an E-2 Treaty Investor Visa? The lawyers at Milla & Associates, LLC can assist you. We are committed to providing all of our clients with the legal services they need to obtain the visa or immigration status they are seeking. We can help with filing your visa application and we will make sure that your rights and interests are protected throughout the entire process. Don’t hesitate, give us a call to get started today.

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