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Applying for an E2 Visa/Treaty Visa

An E2 Visa is an investment visa whereas the eligible applicant would invest substantial amount of money (substantial is a term relative to the chosen business) in an active and real business to receive the visa. Visas could be extended if the applicant would show the business has been operated successfully and continues to generate income. Although the visa is valid for 2-5 years; the number of extensions allowed are unlimited.

The investor must be the operating manager of the business. If the investor is in a partnership with another investor, he must show that he is in control of the company's affairs. E2 visa is expected to generate at least few jobs for eligible workers, especially American Citizens and Green Card Holders. The job generation and income production would satisfy intent behind the investment treaty agreement between the US and the participating country.

One of the most frequently asked questions is what would be the status of family members of an E2 visa holder? The spouse and children under 21 are eligible to join the applicant to come to the US. The Spouse may apply for an authorization card. Children may go to school of their choice. The investor must stay as operating manager of the E2 approved business, but he may operate other businesses provided he could establish those businesses are true subsidiary or branch of the approved business. Any material changes to the business, its operation or location must happen only after notice of approval by immigration.

There are many details embodied into E2 visa applications; paying attention to those details not only may allow a successful outcome, but also may help future successful operation of the business and therefore increase of the chances for further extensions. If you are a national of the following countries and would be interested in investing in the US, you & your family members may be eligible to apply for an E2 visa. Here is an updated list of eligible countries for an E2 visa as of 02/8/2018. Note that Dual national in possession of more than one passport, may only use the country in treaty agreement with US to apply.

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Democratic Republic of Congo, Denmark (excluding Greenland), Ecuador, Egypt, Estonia, Ethiopia, Finland, France (including Martinique, Guadeloupe, French Guiana, and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands (including Aruba and Netherlands Antilles), Norway (excluding Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, South Korea, Spain (including all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom (including Channel Islands and Gibraltar, excluding British territories outside Europe).

This is an immigration blog. It is not intended to be used as legal advise.

For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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