E Investor Visa

The E visa category gives effect to treaties between the United States and other countries that provide for reciprocal benefits to nationals of each country who invest in or who conduct trade between the two countries. There are two categories of eligibility: Treaty Trader and Treaty Investor.

An initial period of stay of one year is granted to persons coming to the United States in the E category. However, this period can be extended almost indefinitely as long as the alien affirms that he or she will leave the United States at the end of the period of authorized stay. E-category aliens need not maintain a foreign residence during their U.S. stays, as long as they affirm their intention to leave the United States when their period of stay (plus any authorized extensions) expires.

The basic requirements are:

(a). A Treaty of Commerce and Navigation or Bilateral Investment Treaty exists between the United States and the alien’s country

(b). The company or individual engaging in trade or investment in the United States has the same nationality as the treaty country

The “nationality” of the company engaging in trade or investment is the nationality of those persons who own at least 50% of the stock of the corporation. For large publicly - held companies, the firm can be presumed to have the nationality of the country where its stock is initially listed and traded on a public stock exchange.

The “nationality” of individuals owning corporate stock is their country of citizenship. Foreign nationals who are also U.S. permanent residents cannot be counted toward determining at least 50% ownership.

(c). The principal investor or trader and employees of the treaty enterprise (the employee treaty aliens) must have the same nationality as the treaty enterprise.
Although the primary treaty alien and employee treaty aliens must be nationals of the treaty country through which the company qualifies, the spouse or children of the alien can be any nationality. As long as the qualifying alien is eligible for treaty status, the spouse and children are automatically accorded status under the same treaty, regardless of their nationality.

Additional Requirements for Traders

•  The trading company must be engaged in “trade”.
• The trade must be “principally” between the U.S. and the treaty country.
• The trade must be “substantial.”
• The employee of principal must serve the company in a specified capacity: either managerial or involving “essential skills.”

Additional Requirements for Investors

• A treaty between the United States and the country of which the treaty enterprise is a “national.”
• At least 50% ownership of the investing enterprise by nationals of the treaty country.
• Citizenship in the treaty country by principal investors and enterprise employees seeking admission through the treaty enterprise.
• The investor must make an irrevocable commitment of funds that represents an actual, active investment.
• The business enterprise underlying the investment must represent a real operating enterprise productive of some service or commodity. Uncommitted funds in a bank account do not represent an “active” investment unless enough other evidence of business activities exists to show that the funds are used in the routine operation in value, such as undeveloped land or the securities of a business in which the investor is not actively engaged.
• The investment must be substantial, taking into account only those financial transactions in which the investor’s own resources are at risk
  There is no minimum dollar amount necessary in order for the investment to be considered substantial. However, in order for an investment to be considered substantial, it must meet one of two tests:
  a. It must be proportional to the total value of the particular enterprise in question (a test usually applied to investment in existing businesses), or
  b. It must be an amount normally considered necessary to establish a viable enterprise of the type contemplated (a test normally applied to new businesses).
• The investment cannot be marginal in nature or one which will only support the investor and his or her family; in most cases it should create job opportunities for U.S. workers.
• The person for whom treaty-investor status is sought must fill a key role with the company, either as the investor who will develop and direct the investment, or as a qualified manager or specially trained and highly qualified employee necessary for the operation of the business.

Treaty Investor Visa Application / E-2 Investor or Employee

Suggested Supporting Documents

1. Evidence of possession and control of investment funds:
   -financial statements.
   
2. Evidence of remittance to the United States:
   -bank drafts, transfers
   -exchange permits
   -receipts
   
3. Evidence of establishment of business in the United States:
   -articles of incorporation
   -organization and staffing charts
   -stock certificate
   -contracts
   -licenses
   -lease of office space
   
4. Evidence of the nationality of the investors:
   -articles of incorporation of parent company.
   
5. Evidence of investment in the United States:
   -titles
   -receipts
   -contracts
   -bank statements
   
6. Evidence of Substantiality:
   -financial statements
   -U.S. corporate or business tax returns
   
7. Evidence that the enterprise is not marginal:
   -payroll records
   -IRS Form 941
   
8. Evidence that the business is a real, operating enterprise:
   -annual reports
   -marketing literature
   -news articles
   
9. Documentation for E-2 employee
   -detailed job description of employee
   -organizational chart reflecting position and lines of authority
   -company letter indicating other E-2 visa holders in the U.S., the number
   U.S. nationals in the firm and their positions in the company
   -curriculum vitae of the proposed visa recipient