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E-2 - TREATY INVESTOR VISA
An E-2, Treaty Investor, visa is available to someone who is a citizen or
national of a treaty country and who wishes to enter the United States solely to
develop and direct the operation of an enterprise in which he or she has
invested or is in the process of investing a substantial amount of capital.
Included on our web site is a list of treaty investor countries.
Generally an E visa, obtained from a consulate outside of the US, will be
issued for a period of five years. The
spouse and children of the principal applicant will also receive E visas for the
same period of time. An E-2 visa
holder, when entering the United States, will be given a period of stay of one
year. If the alien desires an extension of stay, he or she would file a request for an extension with the Immigration and Naturalization Service, which extension will be granted in increments of two years. Once an extension is granted, the alien can obtain revalidation of the E visa through the US State Department, rather than having to return to the consul to obtain a new visa. The spouse of an E-2 may obtain employment authorization by filing form I-765, together with supporting documentation, with the appropriate immigration service center stated below. They will be authorized employment for the period of admission and/or status of their spouses, but not to exceed two years. Please
read the instructions, attached to the petition, carefully to determine who can
file the petition and what documents will be needed to establish the
qualifications for obtaining the E-2 visa or change of status.
If applying for a visa at a US consul outside of the United States, you
should complete forms DS-156 and DS-156E, and present them in person at the
consulate, together with documentation that will clearly establish your
eligibility for the visa. A
separate form OF-156 should be completed for each accompanying family member.
If the applicant is in the United States and is eligible to file for
change of status, form I-129, together with the I-129 E supplement should be
mailed to the immigration service center that had jurisdiction over the
alien’s intended place of employment in the United States.
A new regulation effective December 4, 1998 states that an E-2 petition
should be filed with the Texas Service Center if the business is located, or
will principally be doing business, in the areas previously covered by the
Vermont and Texas Service Centers; and with the California Service Center if the
business is located, or will principally be doing business, in the areas
previously covered by the California and Nebraska Service Centers.
Note: Whenever
you mail any forms or documents to the immigration service, you should always do
so by certified mail, return receipt requested, or by some form of express mail
for which you can obtain proof of receipt. This is very important in the event immigration loses your
application. In that event you can
submit your proof of receipt, with evidence of payment, and you can establish
that you did not violate your status in the United States.
Once the petition is approved, the alien will be sent immigration form
I-797 extending the person’s stay in the United States for two years, or for
the time requested on the petition if less than two years.
Each accompanying family member who filed an I-539 application will also
be granted the change of status for the same period as the principal applicant. As in the case of an alien entering on an E-2 visa, if the alien desires an extension of stay, he or she would file a request for an extension with the Immigration and Naturalization Service, which extension will be granted in increments of two years. |
