Treaty Investor: E-2 Visa

Treaty Investor’s come to the United States for a variety of reasons. Foreign Medical Professionals may purchase existing businesses in the U.S. and obtain visas to direct and operate their business. This visa is important for Foreign Professionals who wish to open a new company or purchase an existing business. In addition, there is a new demand for foreign investment for medical business in the United States.
The Immigration and Nationality Act (I.N.A.) provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.
Treaty visas are part of the United States’ efforts to “enhance or facilitate economic and commercial interaction between the United States and the treaty country.” Treaty Investors must invest a substantial amount in a U.S. commercial Enterprise.
Foreign Medical Professionals could purchase doctor’s offices, medical supply companies, dental offices and medical recruitment agencies.
It should be noted that not all nations qualify for this visa. For example, nationals from India do not qualify. A complete list of qualifying countries may be found at: http://www.kazmisakata.com/FirmOverview.html#Treaty

An investor must own a minimum of fifty percent (50%) of the company. In addition, employees of the same nationality may also work on an E-2 visa. Some specific requirements include:

• The investor, either a real or corporate person, must be a national of a treaty country;
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

In addition, Treaty Investors have other benefits, including:

• An applicant for an E visa need not establish intent to go to the United States for a specific temporary period.
• An applicant for an E visa need not have an unabandoned foreign residence and ordinarily need only express an unequivocal intent to return abroad.
• The spouse and children (unmarried and under age 21) of a treaty trader or investor are entitled to the same E-1 or E-2 classification as the principal visa holder. The nationality of a spouse or child of a principal E visa holder is not material to their classification as E-1 or E-2. In addition, the spouse may apply for separate work authorization while in the United States.