E2

E-2 VISA (TREATY INVESTOR)

1. Who should obtain an E-2 Visa to enter the United States?
Anyone interested in coming to the United States to develop and direct the operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital.

2. What are the requirements to obtain an E-2 Visa?

A.

The investor must be a national of a country having a bilateral investment treaty with the United States; (For a list of these countries, see question 8);

B.

The investor must have made an investment or is actively in the process of investing in the United States;

C.

The investor must have at least 50 percent interest in the business;

D.

The investment must be substantial; and

E.

The enterprise must be more than marginal.

3. How long is the investor allowed to remain in the United States once the E-2 Visa is approved?
The E-2 Visa investor is allowed to remain in the United States for an initial period of two years and an unlimited number of two-year extensions of status in the E-2 category.

4. May the immediate family members accompany the E-2 investor to the United States?
Yes. Each family member, however, must submit his or her own application for a nonimmigrant visa at the U.S. consulate. Immediate family members include the spouse and unmarried, minor (under 21) children.

5. Are the spouse and children of the E-2 investor allowed to work while in the United States?
No. Spouses and children of E-2 investors do not have authorization to work in the United States but may attend school.

6. May the E-2 investor transfer employees to the United States?
Yes. The E-2 investor may transfer employees to the United States who will be engaged in duties which are executive, managerial, or supervisory in character, or if the employee has special qualifications that make the services to be rendered essential to the efficient operation of the enterprise.

7. Where should the investor apply for an E-2 visa?
If outside the United States, the investor may submit his application to the U.S. consulate in his or her country. If in legal status in the United States, the individual may submit an application to change status to the E-2 category to the ServiceCenter with jurisdiction over the applicant.

8. Which countries have a bilateral investment treaty (E-2)with the United States?

Albania

Georgia

Pakistan

Argentina

Germany

Paraguay

Armenia

Grenada

Phillippines

Australia

Honduras

Poland

Austria

Iran

Romania

Bangladesh

Ireland

Senegal

Belgium

Italy

Slovakia

Bosnia

Jamaica

Slovenia

Bulgaria

Japan

Spain

Cameroon

Kazakhstan

Sri Lanka

Canada

Korea

Suriname

China (Taiwan)

Kyrgyzstan

Sweden

Colombia

Latvia

Switzerland

Congo

Liberia

Thailand

Costa Rica

Luxembourg

Togo

Croatia

Macedonia

Trinidad & Tobago

CzechRep.

Mexico

Tunisia

Ecuador

Moldova

Turkey

Egypt

Mongolia

Ukraine

Estonia

Morocco

United Kingdom

Ethiopia

Netherlands

Zaire

Finland

Norway

France

Oman

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Florido & Florido, P.A.
Attorneys at Law

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Miami Lakes, FL 33016
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