E-2 Treaty Investors
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U.S. Citizen & Immigration Services (USCIS) has a set fee schedule for E-2 Treaty Investor Visas. The following is the fee breakdown for filing, and our attorney fees:
- E-2 USCIS Fee: $205 – $460;
- Attorney Fee: $4,000
The E-2 nonimmigrant classification allows a national of a treaty country, a country with which the U.S. maintains a treaty of commerce and navigation, to be admitted to the U.S. when they invest a substantial amount of capital in a U.S. business. Additionally, certain employees of such a person or qualifying organization may also be eligible.
How to Qualify
In order to qualify for an E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- 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.
Investment is defined as, the treaty investor’s placing of capital, including funds and/or other assets, at risk (in the commercial sense), with the goal of generating a profit. Capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds are not connected, directly or indirectly, with criminal activity.
A substantial amount of capital is defined as:
- Substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one;
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise;
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
- the investment enterprise cannot be marginal.
A bona fide enterprise is a real, active and operating commercial or entrepreneurial enterprise, producing services or goods for profit. It must meet the applicable legal requirements for doing business within its jurisdiction.
Period of Stay
Qualified E-2 treaty traders and employees have an initial maximum stay of two years, after which they may apply for an extension. Extensions are granted in increments of two years, with no limit to the number of extensions an E-2 visa holder may be granted.
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