E-2 Visa Attorney in Fort Myers
Visa Category for Treaty Investors
The E-2 non-immigrant classification 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.
Period of Stay
Visa reciprocity must be checked for each country that participates in the E-2 Treaty Visa program. Visas are typically five years long with periods of stay for two years.
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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