Treaty Trader Visa (E2 Visa)
Visa for investors & employees.
Business people wishing to come to the USA to develop and direct operations of an enterprise in which they have invested a substantial amount of capital may apply for an E-2.The same situation applies to those who work in the enterprise as an executive; supervisor; or essentially skilled employee.
Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, see the following link:
Canadians are typically visa exempt. However, they must still apply for, and obtain an E-2 visa for this category.There is no set minimum investment to qualify for an E-2 visa; and virtually no limitation on the type of business or industry in which to invest. It is perfectly acceptable to purchase an existing business or to invest in a brand new venture. These characteristics, make the E-2 category flexible and highly practical. There are also no quotas unlike H1-Bs, which means that applicants may present their applications at any time during the fiscal year.
A solid business plan detailing the investment, the market, the competition etc., as well as costs is crucial to a well-prepared E-2 application. Job creation in the US market is viewed as a positive factor. Businesses that qualify under this category are typically active businesses that require employees. Businesses involving a passive investment in the stockmarket or the real estate market do not qualify.
It is important to be able to demonstrate to a consular officer that an investment is in the process of being made; and that funds have been put at risk. The investment must be well documented and properly explained. The US consulate in Toronto offers the following explanations on what is required to qualify for an E2:
• The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
• If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
• The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
• The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
• It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
• You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
• You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.
Ordinary skilled and unskilled workers do not qualify.
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If you would like us to help you with your E-2 Visa you can call us now on Tel. +1 (613) 564-0004 or make an appointment by filling out the form to the right.
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