E2 Treaty Investor - PR and Citizenship

E2 Treaty Investor


Investor Visa is designed for alien who wish to make a business investment in the United States (US). An Example of such investment can be purchasing or opening a business in the US. Visas are normally issued for five years with an option to extend it indefinitely, for two years at a time, as long as the company is still in business and all the above requirements are met. Alien may pursue a Green Card application in any other category. Alien’s spouse and unmarried children less than 21 years will be entitled to a Derivative status and Alien’s spouse issued work authorization Card (can work for any employer).

Requirements & Benefits of E2:

  • Alien must citizen of a Treaty Investment Country (Pakistan).
  • He/she can buy a running business or start new enterprise or in case of partnership at least own 51% shares of any business.
  • No Point grid means no minimum education requirement, no age limit, no business experience required, and no English proficiency test required.
  • His/her position in the company will be as an Executive, Supervisor OR Essential Employee.
  • The Investment of the company should be substantial.
  • Investment should be from a clear source, own, by selling property or business, inherited money.
  • Applicant can choose any state or territory to live in the US.
  • Can change or expand business.
  • No restriction on business type and no condition on numbers of employees.
  • You can travel freely in and out of the US while on a valid E2 visa.

Eligibility CriteriaThere are seven main criteria’s for obtaining an E-2 Principal Investor visa (status):

1. Treaty Country: The applicant must be a citizen of a country that has a relevant treaty with the United States.

2. Ownership: The applicant must own at least 50% of the US business.

3. Develop and Direct: The applicant must develop and direct the business (at least during its initial stage, until managers/supervisors have been hired).

4. Substantial Investment: The applicant must have made a substantial investment in the US business (and show evidence of that investment before applying for the visa). There’s no legal minimum, but the applicant must be putting his capital or assets at risk, and the amount must be substantial relative to the type of business. Usually for small businesses and start-ups the amount invested by the principal investor should be around $100,000. You will need to provide:

    1. Business Plan: A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture;
    2. Proof of Investment. For example: Signed, dated, valid lease for business premises, including evidence of payments; Evidence of equipment and/or inventory purchases; Evidence of intellectual property or other intangibles invested; and Evidence of any other funds spent to acquire and set up the business;
    3. If you are buying an existing business, please provide a signed, dated, valid purchase agreement; and, if applicable, a binding escrow agreement that explicitly confirms how the funds will be distributed if the visa is issued, what happens when it not issued, and is signed and dated by all parties;
    4. If you are purchasing a franchise, please provide a signed and dated franchise agreement, a copy of your franchise disclosure document and evidence of payment of the franchise fee.
    5. Evidence of how the funds invested into the U.S. venture were acquired in the form of documentation of the original source of the funds (sale of property, inheritance, loans, gift, earnings, sale of business, etc.) and evidence that he funds have been moved to the United States.

5. Real and Operating: The US company must be actively engaged in commercial, for profit activities and meet the applicable legal requirements for doing business in its state or region.

6. Marginality: The US business must be more than just a marginal enterprise. The new business cannot be merely a means to support the investor. The underlying goal of the treaty investor visa is to create jobs for US workers.

7. Intent to Depart: The applicant must intend to leave the US when his or her business in the US is completed, although the person is not required to maintain a foreign residence abroad. A statement of intent to depart will suffice.

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee.  These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.  Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee.  If approved, there is no specific restriction as to where the E-2 spouse may work.

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