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Immigration Information

Your guide to all business immigration issues for temporary workers (H1B, L1, E1, E2) and green cards (EB1, EB2, EB3, PERM, NIW, I-140, adjustment of status and consular procedssing), including articles, resources, links, news, and a discussion forum.

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The E-2 visa is designated for foreign nationals who are coming to the United States as an executive, manager, or essential skills employee of the business. Additionally, the foreign national must be a citizen of a county with which the United States has an appropriate Investment Treaty. Under the E-2 classification, a foreign national is allowed to come to the U.S. and participate in the management and development of a company in which either the applicant or the applicant's employer has made a substantial investment. In order to qualify the investment enterprise, the foreign national owner of the company must have invested their personal funds and/or assets and the investment enterprise must be at least 50% owned by a citizen or citizens of a treaty country.

In order to qualify for an E-2 visa:

1. The applicant’s company must be at least 50% owned by foreign nationals from the treaty country;
2. The applicant must be a citizen of the treaty country;
3. The applicant’s investment must:
   
   a. Be an active investment and a commercial enterprise;
   b. Include funds that puts the applicant’s assets personally at risk;
   c. Be substantial, which is valued by the amount invested in proportion to the total value of the enterprise; and
   d. Generate sufficient revenue to support more than the applicant and his family.

E Visa Family Members

Family members of E Visa holders are given special privileges. Spouses of E visa holders are eligible for employment authorization by applying through the USCIS. Children of E visa holders cannot gain work authorization, but may attend school without switching their status.