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Helping Treaty Investors Obtain E-2 Classification

The United States has treaties with numerous countries around the world for commerce. If you are from one of the treaty countries, and you wish to make a substantial investment in a U.S. business, you might qualify for an E-2 visa to allow you to lawfully live in the U.S. on a temporary basis.

There are specific requirements for treaty investors to qualify for E-2 classification, and the application process can be extensive. It is wise to seek help from an experienced immigration lawyer who regularly handles this type of application. Contact an E-2 attorney at Farmer, Farmer & Brown Law Firm, P.L.L.C. in Iowa today.

E-2 Eligibility

The law sets out criteria to be considered an E-2 treaty investor, including the following:

  • You are a citizen of one of the treaty countries with the United States
  • You have already invested or are in the process of investing substantial capital in a bona fide U.S. enterprise
  • You want to enter the U.S. for the sole purpose of developing and directing your investment enterprise.

By investment, the law means placing capital, funds, or other assets at commercial risk with the goal of profiting. What is considered to be a “substantial” investment will depend on the specific circumstances. Immigration officials will evaluate the significance of your financial investment in relation to the type of enterprise, as well as the monetary value of the investment and other factors. The enterprise must not be marginal, meaning it has the ability to generate income to support the investor and their family.

Applying for Your E-2 Visa

People who are already lawfully in the United States with a nonimmigrant status can apply to change to an E-2 classification. If not, you can apply with Form I-129 at the U.S. Embassy or Consulate in your home country. Along with the application form, you will need to provide different types of evidence to immigration officials to convince them that you qualify as a treaty investor. Your documentation and information should prove the following and more:

  • You have made or plan to make a substantial investment
  • The enterprise is “bona fide”
  • The funds invested came from a non-criminal source
  • You  intend to stay in the U.S. temporarily and eventually return to your home nation

If you qualify as a treaty investor and obtain E-2 classification, you may also apply for nonimmigrant status for employees, your spouse, and your children younger than 21. E-2 visas are valid for two years, though you can apply for an extension. There are restrictions attached to the visa with which you should always comply.

Contact Our E-2 Visa Lawyers to Discuss Your Qualifications Today

The law firm of Farmer, Farmer & Brown Law Firm, P.L.L.C. assists foreign nationals with many types of nonimmigrant and immigrant visas, including an E-2 investor treaty visa. We can review your investment plans and provide counsel regarding your eligibility for this type of classification. We can also assist in putting together your applications and evidence of your qualifications. Call (512) 894-2128 or contact us to learn how we can assist you.


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