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:
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.