E-2 Visa Attorneys in Skokie
Representing Investors & Employees
Investment from foreign countries is one of the most important contributors to the success of any nation’s economy. The E-2 investor visa allows foreign investors to come to the United States to invest in a U.S. business. Certain employees of such a person or of a qualifying organization may be eligible for this classification. As part of the U.S. immigration policy, this enables the foreign investors and essential workers from countries that have treaties with the United States to visit under their own distinct visa/ status.
If you are interested in applying, our E-2 visa attorneys in Skokie can review your case to determine if you are eligible. From there, we can help you with the application and ensure that every part of the process is completed properly.
The Ins & Outs of the E-2
Nationals of qualifying treaty countries who have made a significant investment in the United States may qualify for E-2 treaty investor status. Like the E-1 visa, there is no defined minimum level of investment to qualify for E-2 status, but the lower the investment, the less likely one is to qualify. Again, the level of investment must be sufficient to justify the national’s (or his/her employees’) presence in the United States. The investment must also be in an operating business – simply buying property or stocks and bonds does not qualify. On top of that, a substantial part of the investment must have been made before applying for E-2 status.
E-2 Visa Countries
E-2 visas may only be applied for by people or companies from the following countries:
- China (ROC)
- Costa Rica
- The Czech Republic
- The Slovak Republic
- Sri Lanka
- Trinidad and Tobago
- United Kingdom
Unratified but signed treaties exist with Albania, Azerbaijan, Haiti, Jordan, Nicaragua, and Russia.
An E-2 visa is suitable for:
- Entrepreneurs from treaty countries investing substantially in a U.S. enterprise
- Nationals of treaty countries entering the U.S. to develop and direct investments
- Nationals of treaty countries entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital
- Immediate family members of E-2 visa holders
- Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch
- Companies in treaty countries to send personnel to set up a U.S. company
Investors and essential workers who are citizens of a country that has a treaty with the United States allowing E-2 status are eligible to apply. To qualify, a citizen of one of the treaty countries must own the majority interest and/or control of the invested business. Moreover, the investment must be active and substantial, and the investment must create jobs. To qualify as an investor, you must be the one to manage the business. To qualify as an essential worker, you must be a highly qualified employee, specially trained, and considered important to the invested business.
So what might be required of the average investor? They should:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation.
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
If the treaty investor has employees, the employee should:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under relevant law
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
To learn more about E-2 visas, call Gambacorta Law at (847) 443-9303.