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Law Office of Elaine Martin

6333 E. Mockingbird Lane

Suite  147-910

Dallas, TX 75214

214-329-4148 (phone)

866-318-8813 (toll-free)

info@martinvisalaw.com

Blog: martinvisalaw.blogspot.com

Skype:  emartinvisa

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© 2008 Law Office of Elaine Martin.  Please contact a lawyer for formal legal advice, information on this page is general information only, for advertising purposes


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E-2 TREATY INVESTOR STATUS

 

US immigration laws allow for nonimmigrant visa status for a national of a country with which the US has a treaty of commerce and navigation, where the foreign national is coming to the United States to develop and direct the operations of an enterprise in which the foreign national has invested, or is in the process of investing a substantial amount of capital.  E-2 status is also available where the foreign national is coming to work for a US company which is majority owned by people from the foreign national’s country (e.g. a Mexican national coming to work for a Mexican company).

 

The primary requirements for E-2 status are:

  • The investor, either a real or corporate person, must be a national of a treaty country.
  • The investment must be substantial.  It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
  • The investment must be a real operating enterprise.  Speculative or idle investment does not qualify.  Uncommitted funds in a bank account or similar security are not considered an investment.
  • The investment may not be marginal.  It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense.  Loans secured with the assets of the investment enterprise are not allowed.
  • The investor must be coming to the U.S. to develop and direct the enterprise.  If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.  Ordinary skilled and unskilled workers do not qualify.

 

Documentary requirements for new or small business owners:

 

Evidence needs to show the following:

  • the incorporation of the business in the US;
  • the ownership of the company by treaty nationals;
  • the capitalization of the business;
  • a business plan;
  • information on business activities such as marketing documentation, sales contracts, customer lists, etc;
  • lease or property ownership documentation;
  • financial statements and tax returns for the US business;
  • if the company has business abroad, information on the business and finances of the foreign operation.
  • A complete money trail of the funds invested, including:
  1. Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.)
  2. Movement of these funds to a U.S. account;
  3. Use of these funds for qualifying business expenses.

 

We will advise what documents we need, which will depend on whether you are buying an existing business or starting a new business.

 

Duration of E-2 status

 

E-2 visas are usually approved for 5 years at a time, though it could be shorter especially for a start-up enterprise.  Applicants are normally admitted for 2 years on each entry and extensions are available.  E-2  dependent spouses can apply for work authorization, however dependent children cannot work