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Treaty Investors

The Treaty Investor Visa, commonly known as the E-2 visa, is a non-immigrant classification that allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter the U.S. for the purpose of investing a substantial amount of capital in a bona fide enterprise.

Eligibility Criteria:

To qualify for the E-2 visa, applicants must meet the following requirements:

• Nationality: The applicant must be a national of a country that has a qualifying treaty with the United States.
• Investment: The applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a U.S. business. The investment must be substantial and sufficient to ensure the successful operation of the enterprise.
• Enterprise: The U.S. enterprise must be a real and operating commercial enterprise. It must generate more income than just to provide a living to the investor and their family, or it must have a significant economic impact in the United States.

Application Process:

The application process for the E-2 visa involves several key steps:

1. Petition Filing: The applicant must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS), providing evidence of the investment and the enterprise’s eligibility.
2. Visa Application: Upon approval of the petition, the applicant applies for the E-2 visa at a U.S. consulate or embassy in their home country, submitting the necessary documentation and attending an interview.
3. Admission to the U.S.: Once the visa is granted, the investor can enter the U.S. to commence their investment activities.

Duration and Extensions:

The E-2 visa is typically granted for up to two years and can be extended in increments of up to two years, with no maximum limit on the number of extensions. The investor must demonstrate that the enterprise is operational and that the investment is at risk.

Recent Developments:

In August 2024, a Catholic diocese in New Jersey, along with five priests, filed a lawsuit against the U.S. government challenging changes to visa procedures for religious workers. The lawsuit contends that recent policy changes have led to significant backlogs and delays in processing religious worker green cards, potentially impacting the ability of religious organizations to fulfill their missions.