E-2 Treaty Investors

The E-2 classification is authorized if you are a national of a country with which the United States has a commercial treaty and you are coming to the United States solely to direct and develop the operations of an enterprise in which you are invested, or are actively involved in the process of investing, a substantial amount of capital. The investment involved must place lawfully acquired, owned and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Eligibility Criteria

In order to be eligible for this classification, you must demonstrate the following:

• You are a national of a country with whom the U.S. has the requisite treaty or agreement
• You (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. You must demonstrate that you control the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means
• You have invested in or are actively in the process of investing in the enterprise
• The investment is substantial, i.e. sufficient to ensure your financial commitment to the successful operation of the enterprise and big enough to support the likelihood that you will successfully direct and develop the enterprise
• The investment enterprise is not a marginal enterprise
• You will be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise, if you are not the principal investor. Ordinary skilled or unskilled workers with no unique or essential skills do not qualify If you are not the principal investor

For a listing of E-2 approved treaty countries, see the “Treaty Approved Countries, Department of State” link to the right.

Application Process

You must apply for this visa category on your own behalf directly at a U.S. embassy or consular office abroad or apply for a change of status while in the United States using Form I-129, Petition for Nonimmigrant Worker. 

To apply for an E-1 visa abroad, you must submit the following forms and documentation: 

• Form DS-156, Nonimmigrant Visa Application, completed and signed. See the “Form DS-156, Nonimmigrant Visa Application” link to the right.
• Form DS-157, Supplemental Nonimmigrant Visa Application, which provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. See the “Form DS-157, Supplemental Nonimmigrant Visa Application” link to the right. 
• Passport valid for travel to the United States and with a validity date at least 6 months beyond your intended period of stay in the United States
• One 2”x2” photograph
• Evidence to establish that the nature of ownership of the enterprise or organization qualifies as a treaty organization or enterprise.  In addition, if you are employed at a subsidiary of the enterprise or organization, the parent-subsidiary relationship must be established
• Evidence to establish that the nature of employment to be preformed requires executive, supervisory, or essential skills
• Evidence to establish the ownership and nationality, including but not limited to lists of investors with current status and nationality, stock certificates, certificate of ownership issued by the commercial section of a foreign embassy and reports from a certified personal accountant 
• If filing as an executive or supervisor, or special qualifications essential to the enterprise, the Form I-129 must include, but is not limited to, certificates, diplomas or transcripts, letters from employers describing job titles, duties, operators' manuals and the required level of education and knowledge
• Evidence to establish that the investment is substantial. Such evidence may include, but is not limited to, copies of partnership agreements (with a statement on proportionate ownership), articles of incorporation, payments for the rental of business premises or office equipment, business licenses, stock certificates, office inventories (goods and equipment purchased for the business), insurance appraisals, annual reports, net worth statements from certified professional accountants, advertising invoices, business bank accounts containing funds for routine operations, funds held in escrow

Period of Stay/Extension of Stay

 

Initial Period of Stay	Extension of Stay
2 years	Up to 2 years per extension; no maximum number of extensions, with some exceptions.

If there is a substantive change in the terms or conditions of the employer’s basic characteristics (for example, a merger, acquisition or sale), you must file a new From I-129 and E supplement with USCIS requesting extension of stay in the United States. As an alternative, you may obtain a new visa stamp from a U.S. embassy or consulate and then apply for admission into the United States at a port of entry.

Family of E-2 Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to E-2 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-2 nonimmigrant, your spouse may file a Form I-765, Application for Employment Authorization. For more information on the application procedures, see the “Work Authorization” link to the right.