Who Qualifies for E2 Nonimmigrant Visa?

Who Qualifies for E2 Nonimmigrant Visa?

Who Qualifies for E2 Nonimmigrant Visa?

The E-2 visa allows businesspeople from certain countries to work in the U.S. for a business in which they invest.

To qualify for an E-2 investor visa, the applicant must “develop and direct operations of an enterprise in which he has invested or is actively investing a substantial amount of capital. As a foreign citizen, you may be issued an E-2 nonimmigrant visa if all of the following requirements are met:

  • You or the firm are TFNs (at least 50% of the company stock is owned by TFNs)
  • You or the firm for which you work will invest or have invested substantial capital, which is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States. The term “substantial” means:
    • The investment must be significantly proportional to the total investment (usually more than half of the value of the business).
    • An amount normally considered necessary to establish a new business.

You engage in executive or managerial duties or possess special skills that make your services essential to the employer’s operations:

  • An executive position provides the employee great authority to determine the policy of and direction for the business or a major component of the business. The executive functions must be the primary functions of the employee, and not just incidental or collateral to other duties.
  • A supervisory position grants the employee ultimate control and responsibility for a large proportion of the enterprise’s operations or a major component of the enterprise. It does not involve the supervision of low-level employees. The supervisory element of the employee’s position must be a principal and primary function, and not an incidental or collateral function.
  • The essential nature of a foreign national’s “special skills” is determined by assessing the degree of proven expertise of the foreign national in the area of specialization, the uniqueness of the specific skills, the length of experience and training with the firm, the period of training needed to perform the contemplated duties, and the salary the special expertise commands.

 

Countries with Treaties for E-2 Visas

Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.), (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar, Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Mozambique, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia Montenegro, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan, Yugoslavia, Wallis & Futura Islands, Western Sahara.

If you think you might be eligible for E2 visa and would like more information, contact our office at (323) 456-7600 for a free legal consultation with our experienced immigration attorney.

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