E-2, Treaty Investor
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:
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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.
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Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
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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:
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Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
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Meet the definition of “employee” under relevant law
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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.
Employment-Based Temporary Visas
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E-3, Certain Specialty Occupation Professionals from Australia
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P-1B, Member of an Internationally Recognized Entertainment Group
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P-2, Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
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P-3, Artist or Entertainer Coming to be Part of a Culturally Unique Program