The E categories are designated for foreign national engaged in international trade or investment between the United States and the foreign national’s country of nationality. The E visa is available to foreign nationals of countries that have appropriate treaty relationships with the United States. The E-1 Visa holder is a national of a treaty country that is coming to U.S to engage in trade of a substantial nature principally between United States and individual’s national country. The E-2 Visa holder is a national of a treaty country coming to the United States to develop an enterprise he or she has invested in, or in the process of investing substantial amount of capital. There are no numerical limitations on E-1/E-2 visas.
Requirements for E-2 Visa
The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;
The foreign national will direct or develop the enterprise. The foreign national must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
The investor has invested in or is actively in the process of investing in the enterprise;
The investment is substantial, (sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise);
The investment enterprise is not a marginal enterprise;
If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
That the applicant intends to depart the U.S. upon the expiration of E-2 status.
Treaty Investor Countries:
Albania, Argentina, Armenia, Australia, Austria, Bangladesh, Bahrain, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Columbia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.