The E -2 visa category is for investors (E-2) who desire to enter U.S. for trade or investment purposes. Certain countries have treaties with the U.S. with regard to trade and/or investment. Nationals of the treaty countries may apply for E-1/E-2 visa.

Three elements of an E visa are that there must be a treaty between U.S. and the foreign country, majority of the ownership or control of the investing or trading company must be held by the nationals of that foreign country, and the employee-to-be-transferred to U.S. must also be a national of that foreign country. If any of the above three elements are not present, an E visa is not possible.

To be eligible for E-2, the company must demonstrate that the investor has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S., as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living. The investor must seek entry solely to develop and direct the enterprise. In order to determine whether the investment is bona fide and substantial, the funds invested must be “at risk.”

Countries with E-2 treaty with U.S.: Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.

Period of Admission: A treaty trader or treaty investor may be admitted for an initial period of not more than 2 years. Requests for extensions of stay may be granted in increments of not more than 2 years.

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