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E-2 VISA

U.S immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world.

The E-2 visa is issued to individuals known as ‘treaty investors’. A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

You should be coming to the U.S. to partake in a substantial investment. Your investment may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, you may petition for permanent immigration status.

Your spouse and/opr children under the age of 21 may accompany you under E-2 status. Your employees may also be eligible for the E-2 Visa.

STEPS

You may apply for an E-2 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult.

DOCUMENTS

To apply for an E-2 Visa, you must supply the following documents:

  • A filled-in visa application Form OF-156.
  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
  • A passport, valid for travel to the United States for at least six months longer than your intended visit.
  • Documents that establish that your cmpany is owned by foreign nationals.
  • A letter from your employer detailing your position and stating that you possess highly specialized skills essential to the efficient operation of the firm.
  • You may also be asked to prove that:
    • Your company meets the requirements of the law.
    • The trade is substantial; there should be a continuous flow of trade between the U.S. and the treaty country.
    • You intend to leave the U.S. after the validity date of the E-2 Visa.
    • You have invested a ‘substantial’ amount.
    • The investment must be active.
    • You may also be asked to describe in detail:
      • What type of investment you are involved in.
      • The future prospects for the investment.
      • Other documents that establish your eligibility for the E-2 Visa.

IMMIGRATION FORMS

Download Immigration Forms at U.S. Citizenship and Immigration Services website.

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