Law Offices of Chris M. Ingram

E2 Visa Guide – Definitions and Eligibility

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website. 

Part 1 – Part  2 – Part 3 – Part 4 – Part 5 – Part 6 – Part 7 – Part 8

E2 Visa Investor Eligibility

– E2 Visa Guide – Start Up/Buy Your Own Business
– E2 Chapter 1 – Definitions and Eligibility
– E2 Chapter 2 – Obligations of the Investor
– E2 Chapter 3 – Making the Investment
– E2 Chapter 4 – Making a “Substantial” Investment
– E2 Chapter 5 – Job Creation
– E2 Chapter 6 – Spouse and Children of Investor
– E2 Chapter 7- Indefinite E2 Visa
– E2 Chapter 8 – Summary

Next Chapter
E2 Home Page

– E2 Visa Home Page Video Series
– E2 Visa Video Testimonial – John and Shona
– E2 Visa Video Testimonial – Stephen and Jane
– E2 Visa Video Testimonial – Rob and Jilly
– E2 Visa Video Testimonial – Timon and Sharon 
– E2 Visa Video Testimonial – Joe’s Camera Store Yr 4
– E2 Visa Video Testimonial – Joe’s Camera Store Yr 1
– E2 Visa Video Testimonial – Chuck and Dorka
– E2 Visa Video Testimonial – Rebekah – LA Stylist
– E2 Visa Video Testimonial – Carla Buys UPS Store
– E2 Visa Video Testimonial – Shegar and Kanjena
– E2 Visa Video Testimonial – Paul – Corporate
– E2 Visa Testimonial – Kathryn – Body Therapist
– E2 Visa Testimonial – Mary – Recruitment
– E2 Visa Testimonial – Joe – LA Film Maker
– E2 Visa Testimonial – Raj – Shopkeeper
– E2 Visa: List of Qualifying Countries
– Entering US: Visa Waiver or B2 Visa
– EB5 – Direct to Green Card $500K Investment

If you are thinking about applying for an E2 visa this easy-to-read guide reviews the essential laws and regulations relating to the Treaty Trader and Treaty Investor visa. In this guide I’ve tried to outline the requirements that need to be satisfied in order to qualify for this visa.  This will enable you to work better with me in the preparation of your case.

This overview will focus on the main elements of the E2 Treaty Investor visa and in particular the investor’s obligations. There are many other facets of the E visa that are not covered here, such as bringing employees over to work under the principal investor.

It’s always a good idea when reviewing any visa to start with the actual legal statute that created it. In this case we are reviewing the E2 visa. This visa permits aliens to enter the US in order to carry out trade between the alien’s home country and the US, or purchase an enterprise thus making a substantial capital investment.

Section 101(a), (15)(E),8 U.S.C. Section 1101(a)(15)(E) of the Immigration and Nationality Act provides that: –

“[An alien [is] entitled to enter the US under and in pursuance of the provisions of a treaty of commerce and navigation between the US and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him:

(i)                  [E1] solely to carry on substantial trade, including trade in services or trade in technology principally between the US and the foreign state of which he is a national; or

(ii)                [E2] solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing a substantial amount of capital

As can be seen from the above statute there are two types of E visas dependent on the type of business that will be done. This overview will focus on the most common type of E visa – the E2. The statute does not limit the scope or type of businesses that can be invested in. This having been said we really do have to look at the precise wording of the provisions in the statute to ensure full compliance when making any application.

Countries That Have Treaties with the US For E2 Purposes

In order to be eligible to take advantage of the E2 visa you must first be a national (passport holder) of one of the countries with whom the US has a treaty for this visa.   Those countries are as follows: –

United Kingdom, Albania, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo, DR (Kinshasa), Congo R of Brazzaville, Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, Yugoslavia (Former Countries) and Zaire.

Dual Nationality:

If you have dual nationality then you can use the qualifying nationality to satisfy this requirement. However, if you entered the US under one nationality (non-qualifying) you will not be able to switch to an alternative nationality for E visa purposes. Your attorney will advise you accordingly.

Please Note: there are no nationality requirements for the accompanying spouse and or child(ren).

US Immigration Attorney Chris M Ingram
E2 Treaty Visa – Investment Visa Specialist

Next Chapter
E2 Home Page

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

General Location:  Santa Monica, Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.

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