Are you an entrepreneur or investor looking to expand your business in the United States? Then, you might want to know about the E-2 Treaty Investor Program. This program offers a unique opportunity for foreign nationals from countries that have trade and investment treaties with the US, to invest and operate their own business in America. In this blog post, we will dive into everything you need to know about this program, its requirements, benefits and how it's expected to evolve by 2023. So buckle up and let's explore!

What is the E-2 Treaty Investor Program?

The E-2 Treaty Investor Program is a program that allows foreign nationals from countries with which the United States has a treaty of commerce and navigation to come to the United States to invest in and develop new or existing commercial enterprises. The program is administered by USCIS.

To qualify for E-2 status, the treaty investor must:

Be a national of a country with which the United States has a treaty of commerce and navigation

Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

Intend to develop and direct the enterprise; and meet certain other requirements.

If you are coming to the United States under the E-2 Treaty Investor Program, you must have secured funding for your investment prior to applying for your visa. You will also need to provide evidence that your investment is more than 50 percent owned by treaty investors.

How to Qualify for the E-2 Treaty Investor Program

To qualify for the E-2 Treaty Investor program, you must:

1. Be a national of a country with which the United States has a treaty of commerce and navigation or a bilateral investment treaty
2. Have invested, or be in the process of investing, a substantial amount of capital in a U.S.-based enterprise
3. Be seeking to enter the United States solely to develop and direct the enterprise in which you have invested or are in the process of investing
4. Demonstrate that your enterprise is more than 50% owned by nationals of your home country

If you meet all of the above requirements, you may be eligible for an E-2 Treaty Investor visa. This visa allows you to live and work in the United States for as long as your investment venture remains active.

The Benefits of the E-2 Treaty Investor Program

The E-2 Treaty Investor Program is a visa category for foreign nationals who wish to enter the United States to develop and direct the operations of an enterprise in which they have invested, or are in the process of investing, a substantial amount of capital. The treaty investor must be a national of a country with which the United States maintains a treaty of commerce and navigation.

There are many benefits to the E-2 Treaty Investor Program. One benefit is that it allows for a relatively quick and easy way for foreign investors to obtain a visa to come to the United States. The Treaty Investor visa can be obtained in as little as two weeks, and there is no need for Congressional approval, making this one of the fastest ways to obtain a U.S. visa.

Another key benefit is that E-2 Treaty Investors can bring their spouses and unmarried children under 21 years of age with them to the United States on derivative visas. This means that families can relocate together to the United States, which can be especially important for children who are attending school or university. In addition, spouses of E-2 Treaty Investors can obtain work authorization in the United States, allowing them to pursue employment opportunities while living in the country.

The final key benefit of the E-2 Treaty Investor Program is that it provides greater flexibility than other types of U.S. visas when it comes to renewing status or changing employers. For example, an E-2 Treaty Investor can usually renew their visa

The Process of Applying for the E-2 Treaty Investor Program

The E-2 Treaty Investor Program is a visa program that allows individuals from certain countries to invest in and manage a business in the United States. Here are the steps to apply for the program:

1. Determine eligibility: First, check if you are eligible for the program. You must be a citizen of a country that has a treaty of commerce and navigation with the United States, and you must invest a substantial amount of capital in a U.S. business.

2. Form a U.S. business: You must form a business entity in the United States. This can be done by either creating a new business or by purchasing an existing business.

3. Invest capital: You must invest a substantial amount of capital in the U.S. business. The amount of capital required varies based on the type of business, but it must be a significant amount that is enough to cover the startup and operational costs.

4. Develop a business plan: You must develop a comprehensive business plan that outlines your business operations, financial projections, and management structure.

5. File Form DS-160: Complete Form DS-160, which is an online application for a nonimmigrant visa. You will also need to pay the visa application fee at this time.

6. Schedule a visa interview: Once you have completed the Form DS-160, you will need to schedule a visa interview at a U.S. embassy or consulate in your home country.

7. Attend the visa interview: During the visa interview, you will need to provide documentation to support your application, including your business plan, financial statements, and proof of your investment. You may also be required to provide additional information, such as your educational background and work experience.

8. Receive your visa: If your application is approved, you will receive your visa and can travel to the United States to manage your business. The initial visa is usually valid for two years, and you can renew it as long as you continue to meet the program's requirements.

What are the tips while you are applying for E-2 Treaty Investor Program ?

Here are some tips to keep in mind while applying for the E-2 Treaty Investor Program:

1. Seek professional help: Consider working with an experienced immigration attorney who can help you navigate the application process and ensure that your application is complete and accurate.

2. Develop a strong business plan: A comprehensive and well-written business plan can help demonstrate that your investment is substantial and that your business is viable.

3. Invest a substantial amount of capital: To qualify for the program, you must invest a significant amount of capital. Make sure that your investment meets the program's requirements.

4. Be prepared for the visa interview: Be prepared to answer questions about your business, investment, and management experience during the visa interview.

5. Provide supporting documentation: Provide all necessary supporting documentation, such as financial statements and proof of investment, to support your application.

6. Maintain the requirements: Once you are approved for the program, make sure to continue to meet the program's requirements, such as maintaining your investment and managing your business actively.

7. Keep your immigration status in mind: Keep in mind that the E-2 visa is a nonimmigrant visa, which means that you will need to maintain your nonimmigrant status while in the United States. If you want to pursue permanent residency in the future, you may need to consider other options.