If a person is a national of a country with which the United States maintains a treaty of commerce and navigation, has invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States and is seeking to enter the United States solely to develop and direct the investment enterprise, he or she is eligible for E2 investor visa.
A substantial amount of capital means the investment to purchase or establish a new company is substantial, the investment is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and the investment is sufficient to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States.
Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.
Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. The E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.