E-1 and E-2 Investors & Treaty Trader Visa

The E-2 nonimmigrant visa authorizes a citizen of a treaty country to oversee their investment in the U.S. or work with a U.S. business which is at least 50% owned by citizens of the treaty country. The visa can be extended every two years without limitation on the total period of stay. The spouse and minor children may accompany or follow to join the E-2 principal. Employees from the treaty country, including executives, managers and essential employees are eligible for the E-2 visa.

E-2 Treaty Investor Visa Requirements

• A treaty allowing investment in the U.S. between the U.S. and the country of which the person is a national;
  the investor is a treaty national or a qualifying organization (50% or more owned by treaty nationals);
  the applicant is actively in the process of investing a substantial amount of capital;
• Entering the U.S. to develop and direct the investment, or entering the U.S. to work in an executive, managerial or essential employee capacity; and
• The U.S. investment is 50% owned by a treaty national or qualifying organization.

Sample Treaty Countries

The following countries have investment treaties with the U.S. which qualify for the E-2 visa. Many other countries qualify for the treaty investment visa. Those that qualify include:

• Argentina,
• Australia,
• Austria,
• Canada,
• Denmark,
• Ecuador,
• Finland,
• France,
• Germany,
• Mexico
• and many more countries.

Employees of the Investing Enterprise

Two classes of employees may be accorded treaty investor status:

• Treaty Nationals serving in a managerial capacity (Alfredo Miguel for VPG for example).
• Treaty Nationals who serve in technical capacities requiring special training and qualifications who are needed to:
  • Establish the enterprise (start-up);
  • Train or supervise persons serving in technical positions, such as manufacturing, maintenance, or repair technicians;
  • Continuously monitor and develop product improvement and quality control;

The following information is required to complete the application process:

• Ownership of U.S. Company by. We need to know where it was incorporated, when, and where it has its physical address.
• Also, wire transfers and/or payments to U.S. Company would help in the process.
• If a U.S. Company has an Office Letterhead, we also request copy by email of the following documents:
  • Certificate of Incorporation and Articles of Incorporation
  • Stock certificates (showing total ownership of the company)
  • Business registration, business license, business permits, DBA’s
  • Organizational Charts
  • Company information (history, facilities, products, number of employees, clients)
  • Commercial lease
  • Brochures, catalogs, promotional and product literature, and advertisements
  • Invoices, contracts, bill of lading, and other business documentation
  • ALL Corporate tax returns (IRS 1120, IRS 941, TWC C-3, etc.)
  • Financial statements (balance sheet, income statement, asset & deficit, payroll)
  • Bank account statements
  • Wire transfers; certified checks and other evidence of capitalization in the U.S. Employee Lists . Name, Positions, Location, Wages, Quarterly Tax Returns
  • Paid Permits to Operate in your state, etc.