Minnesota E2 Visa Treaty Investor Attorney

E-2 Treaty Trader Investor Visa

E-2 nonimmigrant classification permits nationals of a treaty country who intend to invest a considerable amount of money into a business or enterprise to be admitted into the United States.  The treaty investor may file Form I-129 to request a change of status to E-2 classification if they are currently residing in the United States under a lawful nonimmigrant status.  Like the E-1 Treaty Trader Visa, specific eligible employees of the investor or investor’s qualifying organization may also qualify for the E-2 classification status.  The treaty investor may file Form I-129 on behalf of the employee.  It is important to note that a request to change to E-2 classification may not be accepted using Form I-129 if the person the request is being filed on behalf of is not already physically within the United States.  Tarshish Cody’s immigration attorneys are ready to advise you on how to get through this process smoothly and timely.  Schedule a free appointment with our attorneys today by calling 952-361-5556.

General Qualifications of a Treaty Investor and Employee

The treaty investor must meet the following requirements in order to qualify for E-2 status:

  1. Must be a national of a country with whom the United States currently maintains a treaty of commerce and navigation
  2. Must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States and prove that said funds were not been obtained from criminal activity whether it is directly or indirectly.
  3. Must be seeking to enter the United States solely to develop and direct the investment enterprise, which may be established by proving at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Employees of the Treaty Trader must:

  1. Be of the same nationality of the employer, enterprise, or organization (who must have the same nationality as the treaty country)
  2. Meet the definition of “employee” under relevant law
  3. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Family Members

The spouses and unmarried children under the age of 21, regardless of their nationality, may obtain E2 non-immigration dependent status for the purpose to accompany the principal E Visa holder to the United States.  As long as they remain in E2 dependent status during the time frame they are in the United States, dependents may choose to study or spouses qualify to apply for work authorization through the US Citizenship and Immigration Services (USCIS).  The income of the spouse, however must not be used to support the primary E visa holder.  Spouses of E-2 visa holders may apply for work authorization using form I-765 and pay additional fee for same.  Once approved, there are no specified restrictions as to where the spouse may obtain employment.  For more information on how to obtain a work authorization for an E-2 Dependent, call us a free appointment at 952-361-5556.

Period of Stay and Time Limits

E-2 treaty investor visa holders are generally granted an automatic two-year period of admission into the United States, but may live within the United States as long as they maintain their Status with the trade between the United States and their national country.  Holders may travel abroad during this time period.  Family members must pay close attention to the time limits they have been granted as once the primary E visa holder applies for a new readmission period it does not apply to the family as well.  In order to legally remain within the United States, family members must apply for an extension well in advance of the date their status expires.

Speak to an Immigration Attorney

Tarshish Cody’s immigration attorneys offer a fee initial consult so that we may better serve you.  Call us directly at 952-361-5556 (or fill out the free case evaluation form below) to learn more about E-2 Treaty Investor Visas.

Start Your Immigration Case Evaluation

Fields marked with an * are required

Featured By