The Immigrant Magazine. Resources for Immigrans in America.

Immigration Issues

E-2 Treaty Investor Visa

By Victoria Suh Esq.

The E-2 visa is a nonimmigrant work visa that allows a person to own his own business by making an investment into this business. The E-2 visa is not a greencard. It is a working visa that allows a person to make an investment to purchase a small business or start a business. The E-2 visa is very popular since the investment amount is relatively small and the business can be any type of business, e.g. sandwich shop, dry cleaners, video store, etc. The other benefit is that the children who are unmarried and under 21 years old may accompany the parents to the US as E-2 dependents. The E-2 principal must only work for the business they have invested in. The spouse of the E-2 principal may obtain a general working permit. The investment amount should be from $50,000 - $100,000 depending on different factors.

The USCIS will look at a few basic factors:
1) where did the investment money come from to prove that the investment money was legally obtained;
2) what is the investment, e.g. What type of business did the person purchase or start and how much did they invest.

The important thing to note is that not everyone may apply for the E-2 visa. The person must be from a country that maintains certain treaty status with the US. Currently, the list of E2 eligible countries are: Argentina, Australia, Austria, Bangladesh, Belgium, Bosnia-Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Colombia, Congo, Costa Rica, Croatia, Czechoslovakia, Egypt, Estonia, Ethiopia, Finland, France, Germany, Grenada, Honduras, Iran, Ireland, Italy, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Slovenia, Spain, Sri Lanka, Surinam, Sweden, Switzerland, Taiwan, Thailand, Togo, Tunisia, Turkey, United Kingdom, Yugoslavia, Zaire

In order to apply for the E-2, the person can either apply in the US if s/he is in legal status. Alternatively, the person can apply from the consulate in his/her own home country.

Victoria J. Suh, Esq. *
*Certified Specialist Immigration Law
State Bar of California Board of Legal Specialization
Tsoi & Associates, Lawyers
3580 Wilshire Bl, Ste 720
LA, CA 90010
Tel: 213-387-2888/Fax: 213-387-2882
email: usvisalaw@aol.com