The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) 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 organization may also be eligible for this classification.  

 

General Qualifications of a Treaty Investor

 

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

 

  • Be a national of a country with which the United States maintains the Treaty of Commerce and Navigation.  Click here to check if your country is eligible.

  • 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.

 

General Qualifications of the Employee of a Treaty Investor

 

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

 

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)

  • Meet the definition of “employee” under relevant law

  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

 

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country.  These owners must be maintaining nonimmigrant treaty investor status. 

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