E-2 TREATY INVESTORS

INTRODUCTION

The E-2 Treaty Investors classification allows foreign nationals who invest in a new or existing enterprise to come to the United States. It is appropriate for individuals establishing a new business venture, or purchasing a preexisting one. Tsang & Associates offers a full consular processing service to assist companies and individuals in obtaining this visa. Additionally, we offer training for companies and individuals that wish to file for the E-2 visa themselves. Our attorneys will assess your circumstances and assist you in meeting the requirements. Consultations are free and we look forward to your visit.


SERVICES

We will prepare an attorney cover letter along with all forms and supporting documents for the E-2 Visa application, including:

  • Mock Consular Interview Training
  • Instruction on how to prepare company and personal documents
  • Business Plan Guidance
  • Source of Funds Guidance

In short, we provide a start to finish service. Your case is safe with us until the case is complete. 

PAYMENT

Legal Fee $6,000

Free Consultation

*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case. 


ADDITIONAL INFORMATION

Requirements:

  1. Applicant must be a national of a country with whom the United States has a requisite treaty or agreement;
  2. Applicant (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) must direct or develop the enterprise. The applicant must demonstrate that he/she controls at least 50% of the enterprise by possessing operational control through a managerial position or other corporate device, or by other means;
  3. Applicant has invested in or is actively in the process of investing in the enterprise;
  4. The investment is substantial, i.e. sufficient to ensure the investor's financial commitment to the successful operation of the enterprise, and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  5. If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. 

Limitations:

  1. The investment enterprise is not a marginal enterprise;
  2. Ordinary skilled or unskilled workers do not qualify;
  3. The applicant intends to depart the United States upon the expiration of E-2 status.

Benefits:

  1. Applicant may work legally in the company that is the investment vehicle in the U.S.;
  2. Travel freely in and out of the U.S.;
  3. Reside in the U.S. as long as they continue to maintain their status with the enterprise;
  4. Applicant's spouse and unmarried children under the age of 21, regardless of nationality, may receive derivative E visas in order to accompany the principal applicant;
  5. Family members may be students in the U.S. while remaining in E-2 dependent status and spouses may apply for work authorization with the USCIS.

LIST OF TREATY COUNTRIES

  • Albania 
  • Armenia 
  • Australia 
  • Austria
  • Azerbaijan 
  • Bahrain 
  • Bangladesh 
  • Belgium 
  • Bolivia 
  • Bosnia and Herzegovina
  • Bulgaria 
  • Cameroon 
  • Canada 
  • China (Taiwan) 
  • Colombia 
  • Congo (Brazzaville) 
  • Congo (Kinshasa) 
  • Costa Rica 
  • Croatia
  • Czech Republic 
  • Ecuador 
  • Egypt 
  • Estonia 
  • Ethiopia 
  • Finland 
  • France
  • Georgia 
  • Germany 
  • Grenada 
  • Honduras 
  • Iran 
  • Ireland 
  • Italy 
  • Jamaica 
  • Japan
  • Liberia 
  • Lithuania 
  • Luxembourg 
  • Macedonia, the Former Yugoslav Republic of (FRY) 
  • Mexico 
  • Moldova 
  • Mongolia 
  • Morocco 
  • Netherlands 
  • Norway
  • Oman 
  • Pakistan 
  • Panama 
  • Paraguay 
  • Philippines 
  • Poland 
  • Romania 
  • Senegal 
  • Slovak Republic
  • Slovenia
  • Spain 
  • Sri Lanka 
  • Suriname
  • Sweden 
  • Switzerland 
  • Thailand 
  • Togo 
  • Trinidad & Tobago 
  • Tunisia 
  • Turkey 
  • Ukraine 
  • United Kingdom 

CHECKLIST

In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting.

  1. Cover letter describing the enterprise and the beneficiary.
  2. A valid passport
  3. Evidence of nonimmigrant intent.
  4. A resume.
  5. Academic degree and employment verification.
  6. Articles of incorporation.
  7. Share certificates and operating agreement.
  8. A money trail of funds invested.
  9. Investment spreadsheet, with evidence of investment.
  10. Relevant local, state, or federal licenses.
  11. Monthly bank statements for the current calendar year.
  12. Business tax returns for the past three years.
  13. Profit and loss statements for the current and previous calendar years.
  14. Business Plan.

If you are a large company with several owners or subsidiaries, please submit the following:

  1. A program of the ownership structure.
  2. Legal evidence of instances of ownership within that chain.
  3. Color photographs of the bio pages of passports of the parent company owners.

If the investor is a public company with many shareholders, with no one shareholder owning more than 50%, please submit the following:

  1. The most recent annual report
  2. The Companies House Report
  3. A copy of the most recent trading information on the stock.

If you are buying an existing business, please submit the following:

  1. A signed dated, valid purchase agreement.
  2. A binding escrow agreement.
  3. A signed, dated, valid lease for business premises, including evidence of payments.
  4. Evidence of funds spent to acquire and set up the business.

If you are establishing a start-up, please provide the following:

  1. A signed, dated, valid lease for business premises, including evidence of payments.
  2. Evidence of equipment or inventory purchases.

If you are purchasing a franchise, please provide:

  1. A signed and dated franchise agreement.
  2. Evidence of payment of the franchise fee.