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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
E-2 -
Treaty Investor
| What
is the E-2 Treaty Investor Visa?
The
E-2 Visa is a temporary visa for
foreign nationals of countries that
have entered into commerce and
navigation treaties with the United
States.
E-2 individuals enter the
United States solely to develop and
direct the operations of an enterprise
in which they have invested, or are in
the process of investing, a
substantial amount of capital.
Key supervisory or managerial
personnel may also enter on E-2 visas. |
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| Nationals
of which countries are eligible for
E-2 Visas?
Foreign
nationals of countries who have a
treaty of commerce and navigation
between the United States and the
foreign state are eligible for the E-2
treaty investor visa. The nationals of
the following countries are eligible
for this visa:
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| Criteria
for the E-2 Visa.
To
be eligible for the E-2 treaty
investor visa, the foreign national
must meet the following requirements:
| 1. |
There
is must be a treaty of
Friendship, Commerce, and
Navigation (FCN) or the
equivalent between the United
States and the country of which
the applicant is a national. |
| 2. |
The
treaty investor, business and
key supervisory and managerial
personnel applying for E-2
status must possess the
nationality of the treaty
country.
Fifty per cent of the
business must be owned by
nationals of the treaty country. |
| 3. |
The
applicant must have invested, or
be actively in the process of
investing, in a U.S. enterprise.
He or she must show possession
and control of capital assets,
including the funds invested.
These funds or assets
must be at risk in that they
must be subject to partial or
total loss if the business
fails.
The funds or assets
invested must be irrevocably
committed to the investment. |
| 4. |
The
enterprise must be a real and
active commercial undertaking,
providing a service or
commodity. It cannot exist only
on paper or be a non-profit
organization. |
| 5. |
The
investment must be substantial
(using the proportionality test)
in relation to the total cost of
the enterprise. The lower the
cost of the business, the higher
the percentage of investment is
required.
The investment must be
sufficient to ensure the
investor will successfully
develop and direct the
enterprise. |
| 6. |
The
enterprise must not be
“marginal,” producing only
enough income to provide for the
applicant and his/her family.
The enterprise must have
the present or future capacity
to make a significant economic
contribution, which should be
realizable within five years of
commencing business. |
| 7. |
The
investor must be in a position
to develop and direct the
enterprise.
He can show that he
controls the enterprise by
documenting ownership of at
least fifty percent, by having
operational control through a
managerial position, or by other
means. |
| 8. |
If
the applicant is an employee or
is not the principal investor,
he must hold an
executive/supervisory position
or possess skills essential to
the company’s operations in
the United States. |
| 9. |
The
applicant must show an intent to
return to his or her home
country when the E-2 status
expires. |
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| For
how long is the E-2 Visa valid?
An
E-2 Treaty Investor may be admitted
for an initial period of not more than
2 years. An extension of stay may be
granted in increments of 2 years. |
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| Who
may accompany an E-2 visa holder?
The
spouse and children of an E-2 visa
holder accompanying or following to
join the principal alien are entitled
to derivative status in the same
classification as the principal alien. |
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| How
may I obtain an E-2 visa?
Unlike
other nonimmigrant visa petitions, E-2
visa applications are processed at
U.S. Consular offices abroad. An
individual already in the United
States in valid nonimmigrant status
may apply within the U.S. to the INS
to change his or her nonimmigrant
status to E-2. However, if the INS
approves this petition and the
individual later departs form the
U.S., in order to re-enter the U.S. in
E-2 status, he or she must reapply for
an E-2 visa at a U.S. Consulate
abroad. The INS approval will have no
bearing on the adjudication by the
Consular office.
To
request a consultation regarding an
E-2 visa, please contact our office here.
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