E-2 treaty investor Visa

The E-2 visa is an investment visa based on a bilateral treaty, so it can only be requested by people who are citizens of one of the signatory countries. It is a temporary visa that is granted for a specific period, although it can be renewed as long as the venture continues to operate according to the business plan originally presented. It is not a dual intention visa, although you, your spouse and children under 21 years of age will be allowed to live in the United States while your are managing your commercial venture.

Your spouse will be able to apply for an employment authorization document -EAD- and either, work for your E-2 business, start another company, or gain employment for another organization.

Your children under 21 can’t get a work visa, but they can attend a school of your choice. They will lose their E-2 visa status when they turn 21, but they could apply for an F1 visa to pursue or complete an academic education at a US college.

the following are the basic requirements

  • The investor (whether an individual, or member of an LLC, or shareholder of a Corporation) must be a citizen of one of the countries that has a treaty with the United States. Luckily, there are several Latin American countries that are included in the list, among them are Argentina, Bolivia, Chile, Colombia, Spain, Mexico and Paraguay. Here you can access the complete list.

  • The investment must be “substantial” (interpreted as being sufficient to ensure the successful operation of the venture). However, the law does not establish a specific minimum amount as is the case in the case of an “EB-5” investment visa.

  • The investment must be “at risk,” which means that the capital invested must be liable to be lost in the normal course of business. It is worth mentioning that “at risk” capital does not only mean that the money has already been spent, but could also include cases where a trade is acquired through a “conditional” contract that includes a clause by which the parties subordinate the full effectiveness of the legal act when granting or denying the visa. On the contrary, funds deposited in a bank account are never considered “at risk”, since they can be transferred at any time.

  • The venture must have a significant economic impact for the United States (for example, creating new jobs), such that its profits must be greater than those necessary to support the investor and his or her family.

  • The investor must enter the United States for the sole purpose of developing and directing the commercial venture. In other words, the E-2 visa is not appropriate for someone who only wants to have a passive income.

Our method is simple:

We offer a flat-fee on most immigration cases!

Whenever possible we try to offer a flat-fee for ‘typical’ cases which present no complicating factors.

STEP 1:
Call us whatsapp from anywhere in the world! +16197776796

STEP 2:
Schedule a confidential consultation

STEP 3:
We will analyze your case and determine your eligibility

STEP 4:
We will inform you about filing and attorney’s fees

Attorney Alex Monsalve
Member of the California State Bar Association
Member of the American Immigration Lawyers Association-AILA

Attention:

The information contained on this website is presented for informational purposes only and is not intended to provide legal advice and should not be construed as such. Visiting this website and reading the information presented therein does not create an attorney-client relationship. Visitors to this website should not act, or refrain from acting, based on the information provided therein without first seeking the professional advice of an attorney. The US immigration system is extremely complex, bureaucratic and constantly changing. Only an attorney is authorized to provide you with legal advice. Don’t be fooled by unscrupulous opportunists. We recommend that you hire the professional services of an attorney who is a member of the American Immigration Lawyers Association (AILA).

Alex Monsalve Law Firm, PC.
240 Woodlawn Ave, Suite 9
Chua VIsta, CA 91910