A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation
or its equivalent with the U.S. A Treaty Country includes a foreign state that is accorded treaty
visa privileges under section 101(a)(15)(e) of the INA by specific legislation. A listing of
countries with whom the U.S. currently has treaties can be downloaded from the State Department’s Foreign
Affairs Manual.
For the alien to visit the U.S. temporarily for trading or investing purposes, the requirements outlined
in the Code of Federal Regulations must be met. Potential applicants should studiously review
those regulations.
Treaty Investor (E-2) :
The E-2 classification is authorized for a national of a country with which the United States
has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an
enterprise in which s/he has invested, or is actively involved in the process of investing, a substantial
amount of capital.
There is no petitioning process for the E categories. If outside of the U.S., the alien may apply
for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad. If the alien
is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of
employment.
Application Requirements :
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk
with a profit objective, and be
subject to loss if the investment fails;
Evidence must show the investor is a national of a country with whom the U.S. has the requisite treaty
or agreement;
The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the
owner of the treaty enterprise)
must show that s/he will direct or develop the
enterprise. The alien must demonstrate that s/he controls the enterprise by showing
ownership of at least 50% of the enterprise, by possessing operational control
through a managerial position or other corporate
device or by other means;
The investor must demonstrate that s/he has invested in or is actively in the process of investing in the
enterprise; The investment is
substantial, i.e. sufficient to ensure the investor’s
financial commitment to the successful operation of the enterprise and big enough to
support the likelihood that the investor will successfully direct and develop the enterprise;
Evidence must show the investment enterprise is not a marginal enterprise;
If the applicant is not the principal investor, s/he must be employed in an executive or supervisory capacity,
or possess skills that are
highly specialized and essential to the operations of the
commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
The applicant must show that s/he intends to depart the U.S. upon the expiration of E-2 status.
Notes:
Dependents (spouses and unmarried children under 21 years of age) of an E-2 alien will be admitted under the
same classification as the principal. The dependent spouse and child(ren) are not required to have
the same nationality as the principal alien.
The spouse of an E-2 can now file for work authorization.
