The E-2 nonimmigrant visa is for people whose home country has been recognized as an official U.S. partner through treaty, agreement, or law.

The E-2 visa, also called the “treaty investor” visa, allows people to enter the United States when they invest a substantial amount of funds in a U.S.-owned business. The E-2 visa allows people to come into the U.S. to manage or direct their investment or the related enterprise and generate employment in the United States.

If your employer is already an E-2 treaty investor, you could be eligible for a treaty investor employee visa. In addition, the USCIS has special provisions for family members and dependents of treaty investors. Spouses of treaty investors are eligible to work upon admission to the United States with their dependent status, without the need to apply independently for a work permit.

Are You a “Treaty Investor”?

To qualify as a treaty investor, you must be a national of a qualified treaty country. You must also have invested—or be in the process of investing—a “substantial” amount of capital in a bona fide, legally established U.S. business.

Often this applies when people are acquiring a stake of 50% or more in a U.S.-based enterprise or gaining control of major part of a company’s operations as a manager or other corporate officer.

Employees of Treaty Investors

If your employer has treaty investor status or would qualify as a treaty investor if they lived in the United States, then you could also be able to qualify for an E-2 visa if you

  • Are a national of the same treaty country as your employer
  • Meet the legal definition of an “employee”
  • Work as an executive or supervisor or have special qualifications that make your services essential

If your employer is a corporation, you might still be able to get an E-2 visa if more than 50% of the company is owned by people who have treaty investor status or could qualify for it.

In circumstances like these, the Trillos Ballerini Law Firm will consult with both the individual applicant and the employer to make sure the right qualifications exist and can be demonstrated to the USCIS.

Complex Immigration, Personalized Service

Treaty investor applications have been a staple of the Trillos Ballerini Law Firm’s services since its founding. We bring a keen attention to detail, as well as knowledge and years of experience, to help evaluate the best immigration options for your business. We define a personalized immigration strategy, planning as far ahead as we can to help you make decisions.

If you hold a treaty investor visa, the USCIS must approve significant changes to the company, your investment, or your role in advance. This makes it vitally important to stay in touch with your attorney to make sure your immigration status is up to date—especially if you have employees or family members whose visas depend on the validity of yours.

From the moment you hire the Trillos Ballerini Law Firm, we will have your back. You can expect promptness, careful attention to detail, and open communication from every member of our team.

Contact the Trillos Ballerini Law Firm today to schedule a consultation to discuss your immigration needs.