E-2 (Investors)

Introduction

This category is for persons from countries that have a treaty of friendship, commerce, or navigation with the United States, who are directing and developing a business in the United States, in which they have invested a substantial amount of capital, and/or essential supervisory personnel in such a business, even if they are not an investor.

Basic Requirements

The investment must be “substantial”, which is determined by the type of business involved, and the investment must effectively create employment opportunities for Americans. At least 50 per cent of the ownership of the company must be by a treaty country. The investment must also be “at risk”. that is the investment must be made with the investor’s personal funds or secured by personal assets. In a start-up business, an “at risk” situation can be achieved through the use of a properly drafted escrow agreement.

Advantages

The applicant is not required to show that he/she is going to be in the United States for any specific period of time, as long as the intention of the party is to stay in the United States for some temporary period, rather than a permanent period.

Disadvantages

This category is unavailable for nationals of countries that do not have a treaty with the United States. Also, the investor capital must be risk capital.

Where to Apply

Applications for Canadian citizens, permanent residents who are citizens of treaty countries, or temporary residents such as those with Canadian work permits valid for more than six months, can be filed with the U.S. Consulate in Toronto. A personal interview will ultimately be required at the completion of the paper screening process.

How Can A.J & Associates Help?

An E-1 application can be complex, and it is vital that the appropriate documentation be placed before the consular officer. We can consult with you to determine whether this is the appropriate type of application, and prepare complete application materials and submissions for the Consulate. In addition, we can assist you in preparing for the interview and arrange for an attorney to accompany you for a consular interview in relation to a E-2 Visa.

Please select the topic that interests you:

• B-1 (Business Visitors)
  
• B-2 (Tourits)
  
• E-1 (Traders)
  
• F-1 (Students)
  
• H-1B (Professionals in Specialty Occupations)
  
• L-1 (Inta-Company Trasferees)
  
• TN-1 (NAFTA Professionals)
  
• Temporary Residence