As a measure to attract new investors, the government of the United States through its respective consular offices issues E2 visa to the so called “treaty investors”.

The E2 visa is a nonimmigrant especially formulated in favor of investors who are nationals of countries with a commercial treaty with the US. The allowable period of initial stay may be as long as two years and also extendible.

Eligibility and Documentary Requirements

Before one may apply for the E2 visa, he must make sure that he meets and has the following pre-requisites:

•    A national of a country with commercial  treaty with the US
•    Either the owner of at least fifty percent of the enterprise or he or she possesses special skills which is necessary for the operation of the business

The US embassy requires, among others these documents:

•    Form DS-156, Nonimmigrant Visa Application
•    Form DS-157, compulsory if the applicant is male between 16-45 years of age)
•    Passport with a validity date of at least six month beyond the intended stay
•    Proof of ownership of an enterprise which qualifies under the commercial treaty
•    Proof establishing that the position to be held is executive, supervisory or requires special skill
•    Proof that the planned investment is substantial

When investment is considered “substantial”?

The US immigration laws do not have a hard and fast rule in determining when an investment is “substantial”. The consular officers look at the whole picture and not the amount. The factors that are checked are: nature of the enterprise; capital involved; number of employment that will be created and the potential impact to economy. It must be more than enough to set up the enterprise.

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