Each year, USCIS gives out many visas to qualified investors through the E2 Treaty Investor classification. For the right individual, this E2 treaty investor program may be a great opportunity for someone to both expand their businesses into America and obtain US residency.
The E2 investor classification is only given to individuals who are nationals/citizens of a US treaty country that have invested a substantial amount of capital. An US “treaty country” refers to a country where US maintains a treaty of commerce and navigation. If the individual does not reside in a treaty country, he or she is no longer eligible for the E2 program.
How does USCIS determine if my investment is considered a “substantial amount”?
An investment's substantiality is evaluated by USCIS by the context of the business and capital. In other words, USCIS will consider many variables such as:
- If the investment is substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- If the investment is enough to ensure the treaty investor's financial commitment to the successful operation of the enterprise
- If the investment in the context of the whole business can support/develop into a direct enterprise in the future. For example, the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
For those unfamiliar, a “bona fide” enterprise refers to a real, active and operating commercial or entrepreneurial business that produces services or goods for profit. These enterprises must also meet applicable legal requirements in order to do business within its respective jurisdiction.
If I am accepted, what happens to my family and employees?
Employees of qualified E2 investors have the option to immigrate to the United States as a dependent of the employer/E2 investor. Essentially there are three requirements for the alien employees: (1) Be the same nationality of the principal alien employer (who must have the nationality of the treaty country), (2) satisfy the definition of “employee” under relevant laws, (3) engaged in executive/supervisory duties.
For the families of E2 investors, they are qualified and eligible to immigrate to the United States as dependents. In this category, it follows typical requirements such as marital status and age limitations.
In addition to standard prerequisites, the period of stay granted to the families and dependents will typically be the same as the period allocated for the E2 investor. These are all important factors to consider before applying through this process.
The E2 Treaty Investor Program is ultimately a great option for the right individual. Even though it offers many advantages and perks, there are many specific rules and requirements that applicants must abide by. Consulting the right legal counsel can help you make sure you are creating a thorough, thoughtful, and organized case for your future in the United States.
This is an immigration legal blog. It is not intended to be used as legal advice.
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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