E-2 Visa- The E-2 nonimmigrant classification enables an individual from a treaty country (a nation with which the United States has a treaty of commerce and navigation, holds a qualifying international agreement, or has been identified as a qualifying country by legislation) to enter the United States by investing a substantial amount of capital in a U.S. business. Substantial capital, in the context of E-2 classification, means an amount:

1. Relative to the total cost of either purchasing an established enterprise or establishing a new one.
2. Sufficient to demonstrate the treaty investor’s financial commitment for the successful operation of the enterprise.
3. Significant enough to support the likelihood of the treaty investor effectively developing and directing the enterprise. The proportionality of the investment increases with lower enterprise costs.

A bona fide enterprise is a genuine, active, and operational commercial or entrepreneurial endeavor that produces services or goods for profit. It must meet the relevant legal requirements for doing business in its jurisdiction.

To be eligible for E-2 classification, the treaty investor must:

1. Hold nationality in a country with which the United States maintains a treaty of commerce and navigation.
2. Have invested a substantial amount of capital in a legitimate enterprise in the United States, or be actively in the process of making such an investment.
3. Intend to enter the United States exclusively to oversee and manage the investment enterprise. This is demonstrated by having at least 50% ownership of the enterprise or exercising operational control through a managerial position or another corporate arrangement.

Also, the origin of investment funds must be clear and verifiable.

Specific employees of such an individual or a qualifying organization may qualify for this classification. To be eligible for E-2 classification, the employee of a treaty investor must:

1. Share the same nationality as the principal alien employer, who must have the nationality of the treaty country.
2. Fulfill the legal definition of an “employee.”
3. Either perform executive or supervisory duties, or, if employed in a lesser capacity, possess special qualifications.

Duration: The duration of stay and the number of entries allowed depend on the treaty country, typically ranging from 3 months to 5 years. However, if you apply for a change of status within the U.S., your stay is limited to 2 years. It’s essential to be aware of the distinction between a visa and status – a visa is necessary for travel and multiple entries to the U.S., whereas status only grants the option to stay in the U.S.

Family Members: Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.