WHAT ARE E-2 VISAS?

If you're applying for U.S. immigration, your immigration lawyer may advise you to apply for an E-2 visa. An E-2 visa is a type of classification that enables a citizen of a treaty country to enter into the U.S., provided that person invests substantial sums in a U.S.-based business. An E-2 visa may also be granted to the employees of an organization that meets these standards.

Investor Qualifications

There are a number of qualifications a prospective applicant must meet to obtain a Phoenix E-2 visa. First, you must be a citizen of a treaty country with the U.S. This means that your country of origin must maintain a treaty of commerce and navigation with the U.S. You must also have invested or be in the process of investing capital in a U.S. business. A substantial amount of capital is broadly defined as an amount that is necessary for the establishment of a new business or the purchase of an established business. The lower the total cost of the enterprise, the more money the investor is expected to invest in it. A third qualification of an investor seeking an E-2 visa is that the intention of entering the U.S. is solely to develop or otherwise participate in the business venture. An investor would prove participation by demonstrating at least 50 percent ownership or a managerial position within the business.

Employee Qualifications

Certain employees of treaty investors may qualify for E-2 visas. The employees must have the same nationality as the treaty country and the alien employer. They must also fulfill the definition of having employee status under any relevant laws and regulations. Finally, the employees must have a job within the business of a supervisory or executive nature. If any employee holds a lesser position, that employee must possess special qualifications. Special qualifications are defined as skills that are essential to the operation or success of the business. It should be noted that having command of a foreign language is not considered a special qualification. Additionally, a skill that may initially qualify as essential may no longer qualify at a later date in the event that the skill becomes commonplace.