The Period of Stay E-2 Treaty Investors’ immigration program is available to select citizens from certain countries. The E-2 non-immigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S business. Certain employees of such a person, or of a qualifying organisation, may also be eligible for this classification. 

Who CAN File for Change of Status to an E-2 Classification?

If the treaty investor is currently in the United States in a lawful, non-immigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful, non-immigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

Migratio’s specialist legal team can support applicants at every stage of the process. 

 

How can i Obtain E-2 Classification from Outside the United States?

Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 non-immigrant visa abroad. Upon issuance of a visa, the applicant may seek admission at a United States port of entry as an E-2 non-immigrant.

 

To qualify for E-2 classification, the treaty investor must:

- Be a national of a country with which the United States maintains a treaty of commerce and navigation

- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position, or other corporate device.

Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss, should the investment fail. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. 

 

A substantial amount of capital

- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one

- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise

- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

A genuine enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking, which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

 

Marginal Enterprises

The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living, for both the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal, even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate income within five years from the date that the treaty investor’s E-2 classification begins. 

 

Period of Stay

Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension, or changes of status, to the E-2 classification may be granted in increments of up to two years. There is no limit to the number of extensions an E-2 non-immigrant may be granted. However, all E-2 non-immigrants must maintain an intention to depart the United States when their status expires, or is terminated.

An E-2 non-immigrant who travels abroad may generally be granted (if determined admissible by a U.S. Customs and Border Patrol Officer) an automatic two-year period of re-admission when returning to the United States.

 

List of Countries

If the country appears in bold, it means that Migratio can help you to obtain a passport through an official citizenship investment. 

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan only), Colombia, Congo (Brazzaville and Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, North Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine and the United Kingdom.

 

Costs

Expect to pay 60 000 USD to access the E-2 program.  

 

If you are considering a business or investor visa for use in the United States, Migratio’s specialist team of lawyers are here to provide you with all the advice and support you need.

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