How to obtain a Treaty Trader or Investor Visa in the United States?
Treaty Trader (E-1) and Treaty Investor (E-2) visas are nonimmigrant visas for nationals of countries with which the United States maintains a treaty of commerce and navigation. The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities primarily between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2).
Who may apply for an investor visa
To qualify for E-2 classification, the treaty investor must:
- Be a citizen of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or is actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise; and
- Seek to enter the United States solely to develop and direct the investment enterprise. This is established by showing ownership of at least 50% of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the placement of the investor's capital by treaty, including funds and/or other assets, at risk in the commercial sense for the purpose of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must demonstrate that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.
A substantial amount of capital is:
- Substantial in relation to the total cost of purchasing an established business or establishing a new one.
- Sufficient to secure the investor's financial commitment by treaty to the successful operation of the enterprise
- Of a magnitude that supports the likelihood that the treaty investor will successfully develop and operate the enterprise. The lower the cost of the enterprise, the greater, proportionately, the investment that should be considered substantial.
A genuine enterprise refers to a real, active and operating commercial or entrepreneurial enterprise that produces services or goods for profit. It must comply with applicable legal requirements to do business within its jurisdiction.
Validity of Visa:
E-2 visas are valid for 5 years. They can be renewed indefinitely as long as the U.S. company continues to operate and the visa applicants meet the above requirements.
