Immigration Attorney in Fort Myers & Surrounding Areas
E-2 Visas: Treaty Investors

E-2 Visa Attorney in Fort Myers

Visa Category for Treaty Investors

The E-2 non-immigrant classification visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. Dependent family members may also qualify.

The U.S. Department of State’s current list of countries with which the United States maintains a treaty of commerce and navigation can be found here.

If you are seeking an E-2 visa, make the process easier on yourself by hiring our skilled Fort Myers visa attorney at Hurtado Immigration Law Firm. Our firm has over a decade of immigration law experience – and we are ready to fight for you.

Contact us online or call us at (239) 800-0580 to learn more
about the E-2 visa.

How to Obtain E-2 Classification if Outside the United States

E-2 classification may be obtained from either inside the U.S. (if the applicant is currently in lawful status) or applied for outside the U.S. at an American consular post. Investors may file Form I-129 for a change in status. Employers do have the option to file Form I-129 on their employee's behalf.

General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

  • 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 another corporate device.

It is also required that the investment enterprise is not marginal.

For employers seeking E-2 classification on behalf of their employees, those employees must:

  • Be of the same nationality of the principal employer.
  • If the principal employer is not one individual, the organization must be at least 50% owned by those who have the nationality of the treaty country.
  • Meet the definition of "employee" according to law.
  • Engage in duties of a supervisory or executive nature or have special qualifications.

A treaty investor or employee may only work in the activity for which they were approved at the time the classification was granted.

Using Real Estate as an Investment Vehicle for E-2 Visas

In certain cases, foreign professionals may qualify for an E-2 visa based on their real estate investments. Individuals are eligible if their investment passes the “active test,” meaning that they are actively involved with directing and developing the property.

Qualifying real estate businesses typically include:

  • Airbnb-type property models.
  • Continuous management of several rental properties.
  • Cycles of buying, selling, renting, and renovating.
  • Management of commercial properties.
  • Management of five or more multi-family properties.

The investor does not qualify for an E-2 visa if the investment is:

  • “Passive” or “marginal”.
  • A buy-and-flip model.
  • An asset holding company model.
  • Simply a rental property or title without much more.

Our lawyer can review your investment portfolio and determine if your properties qualify for a real estate-based E-2 visa.

E2 Visa Validity Period

Visa reciprocity must be checked for each country that participates in the E-2 Treaty Visa program. E-2 Visas are typically valid for three months to five years long, and are able to receive a two-year extension as long as you maintain the necessary qualifications.

Family of E-2 Treaty Investors & Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.

If you are interested in applying for an E-2 visa, contact Hurtado Immigration Law Firm at
(239) 800-0580 today.

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