Under the E-2 Visa classification, a foreign national is allowed to come to the U.S. and participate in the management and development of a company in which either the applicant or the applicant’s employer has made a substantial investment. Additionally, the foreign national must be a citizen of a county with which the United States has an appropriate Investment Treaty. In order to qualify the investment enterprise, the foreign national owner of the company must have invested their personal funds and/or assets and the investment enterprise must be at least 50% owned by a citizen or citizens of a treaty country.
In order to qualify for an E-2 visa, the applicant’s investment must:
a. Be an active investment and a commercial enterprise;
b. Include funds that put the applicant’s assets personally at risk;
c. Be substantial, which is valued by the amount invested in proportion to the total value of the enterprise; and
d. Generate sufficient revenue to support more than the applicant and his family.
E Visa Family Members
Family members of E Visa holders are given special privileges. Spouses of E visa holders are eligible for employment authorization by applying through the USCIS. Children of E visa holders cannot gain work authorization, but may attend school without switching their status.
Periods of stay are granted anywhere between 2 to 5 years with unlimited renewals possible.